Appellate Division: Second Judicial Department

M225517

E/ct

REINALDO E. RIVERA, J.P.

MARK C. DILLON

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX, JJ.

2015-01039 Glenda Gutierrez, appellant, v McGrath Management Services, Inc., et al., respondents. (Index No. 60670/13)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPLR 1021 to substitute Francis A. Belloni, as administrator of the estate of Francine A. Belloni, for the deceased respondent, Francine Belloni, on an appeal from an order of the Supreme Court, Westchester County, dated January 5, 2015.

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, Francis A. Belloni, as administrator of the estate of Francine A. Belloni is substituted for the deceased respondent, Francine Belloni, and the caption is amended accordingly; and it is further,

ORDERED that on or before February 14, 2017, the appellant shall serve the parties to this appeal, including Francis A. Belloni, personally, 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; and it is further,

ORDERED that on or before March 16, 2017, Francis A. Belloni, shall advise this Court, in writing, whether he agrees to be represented by Milber, Makris, Plousadis & Seiden, LLP, and whether he adopts the brief previously filed on behalf of the deceased respondent whether he will retain a new attorney, or whether he will proceed pro se; if Francis A. Belloni does not advise this Court then Francis A. Belloni will be deemed to be proceeding pro se on the brief previously filed on behalf of the deceased respondent.

RIVERA, J.P., DILLON, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court