Appellate Division: Second Judicial Department

M219872

U/afa

RANDALL T. ENG, P.J.

RUTH C. BALKIN

L. PRISCILLA HALL

BETSY BARROS, JJ.

2015-03047 Congregation Nachlas Jacob Anshe Sfard of Jackson Heights, respondent, v Simon Schwarz, appellant, et al., defendant. (Index No. 500026/14)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion dated October 13, 2016, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by Simon Schwarz, as administrator of the estate of Samuel Schwarz, to be substituted for the decedent, Samuel Schwarz, on an appeal from an order of the Supreme Court, Kings County, dated February 23, 2015, in effect, to enlarge the time to perfect the appeal, and for leave to serve and file reply papers in support of the appellant's pending motion for a stay.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to substitute Simon Schwarz, as administrator of the estate of Samuel Schwarz, for the decedent, Samuel Schwarz, is denied as unnecessary, as Samuel Schwarz was not a party to the appeal; and it is further,

ORDERED that the branch of the motion which is, in effect, to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until December 15, 2016, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., BALKIN, HALL and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court