Appellate Division: Second Judicial Department

M227736

E/afa

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

HECTOR D. LASALLE, JJ.

2012-01889 David M. Cohen, etc., et al., plaintiffs, v Stanley Cohen, etc., et al., defendants; Five Towns College, intervenor. (Action No. 1) Janet Cohen Kaplan, etc., et al., respondents, v Stanley Cohen, etc., et al., defendants, Five Towns College Board of Trustees, et al., appella (Action No. 2) David M. Cohen, etc., et al., respondents, v Stanley Cohen, etc., et al., defendants, Five Towns College Board of Trustees, et al., appella (Action No. 3) (Index Nos. 40466/08, 18376/09, 10934/10)

DECISION & ORDER ON MOTION nts. nts.

2014-04423, 2014-05419, 2014-09711

David M. Cohen, plaintiff-respondent,

v Stanley Cohen, et al., appellants,

Martin Cohen, et al., defendants-respondents,

et al., defendants.

(Index No. 10934/10)

Motion by Joseph Castronovo, Marion Fleming, Frank Scalzo, Phillip Smith, Bruce Rensing, Mary P. Mansi, as executrix of the estate of Joseph A. Mansi, Harriet Hirshfield, as executrix of the estate of Milton Hirshfield, and Anne D. Teicher, as executrix of the estate of Samuel S. Teicher, on appeals from an order of the Supreme Court, Suffolk County, dated January 5, 2012, and separate appeals from three orders of the same court dated April 23, 2014, April 28, 2014, and May 23, 2014, respectively, for leave to reargue their prior motion, inter alia, to substitute John Richard Quinn, voluntary administrator for the estate of John D. Quinn, for the deceased defendant/appellant John D. Quinn, which was determined by decision and order on motion of this Court dated December 27, 2016. Renewed cross motion by David M. Cohen pursuant to CPLR 1021 to dismiss the appeal from the order dated January 5, 2012, for failure to timely substitute a personal representative for the deceased defendant/appellant John D. Quinn.

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

ORDERED that the motion and the cross motion are denied; and it is further,

ORDERED that on the Court's own motion, the decision and order on motion of this Court dated December 27, 2016, is amended by adding to the first decretal paragraph thereof, following the words "to the personal representative" and before the words "making a motion for substitution" the words "or any party."

ENG, P.J., LEVENTHAL, CHAMBERS and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court