| Ross and Ebner, as executors of estate of Ebner v Bretton Woods |
| Motion No: 2014-06875 |
| Slip Opinion No: 2017 NY Slip Op 62463(U) |
| Decided on January 31, 2017 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M224161
E/sl
LEONARD B. AUSTIN, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
FRANCESCA E. CONNOLLY, JJ.
|
2014-06875, 2014-09337 Marlene Ross and Jack A. Ebner, as executors of the estate of Elfi Ebner, et al., appellants, v Bretton Woods Home Owners Association, Inc., respondent. (Index No. 21746/10)
| DECISION & ORDER ON MOTION |
Motion by Finkelstein & Partners, counsel for the appellants, to substitute Marlene Ross and Jack A. Ebner, as executors of the estate of Elfi Ebner, for the deceased appellant, Elfi Ebner, on appeals from an order of the Supreme Court, Suffolk County, dated April 30, 2014, and a judgment of the same court entered August 12, 2014, and to recalendar the appeals based on the consent of the co-executor Marlene Ross to adopt the record and briefs previously filed.
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 motion is granted, the caption is amended accordingly and the appeals will be recalendared upon the record and briefs previously filed, unless on or before March 3, 2017, Jack A. Ebner, as co-executor of the estate of Elfi Ebner, files opposition to the substitution; and it is further,
ORDERED that on or before February 14, 2017, Finkelstein & Partners shall serve Jack A. Ebner by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court.
AUSTIN, J.P., COHEN, MILLER and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court