Appellate Division: Second Judicial Department

M218007

E/afa

JOHN M. LEVENTHAL, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2013-10479, 2014-06144, 2014-07860, 2015-01155 Simon Schwarz, etc., et al., appellants, v Helene Schwarz, et al., respondents. (Index No. 10942/12)

DECISION & ORDER ON MOTION

Motion by Simon Schwarz, as temporary administrator of the estate of Samuel Schwarz, to be substituted for the deceased appellant, Samuel Schwarz, on appeals from four orders of the Supreme Court, Kings County, dated September 20, 2013, March 25, 2014, June 5, 2014, and November 3, 2014, respectively, to restore the appeals to the active calendar, and to set a briefing schedule.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to substitute Simon Schwarz, as temporary administrator of the estate of Samuel Schwarz, for the deceased appellant, Samuel Schwarz, is granted, and the caption is amended accordingly; and it is further,

ORDERED that the branch of the motion which is to restore the appeals to the active calendar is denied as unnecessary; and it is further,

ORDERED that the branch of the motion which is to set a briefing schedule is granted to the extent that the respondents' time to serve and file a brief is enlarged until October 13, 2016, the respondents' brief must be served and filed on or before that date, and that branch of the motion is otherwise denied.

LEVENTHAL, J.P., AUSTIN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court