Reustle, as administrator of the estate of Reustle v Petraco
Motion No: 2015-00883
Slip Opinion No: 2017 NY Slip Op 67752(U)
Decided on March 21, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M227869

P/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-00883

Richard Reustle, as administrator of the estate

of Barbara Reustle, plaintiff-respondent,

v Douglas Petraco, et al., defendants-respondents,

et al., defendants; Smithtown Healthcare

Management, LLC, etc., third-party

plaintiff-respondent, Tender Touch Physical

Therapy, P.C., third-party defendant-appellant.

(Index No. 1507/12)

DECISION & ORDER ON MOTION

Application by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated October 16, 2014, to substitute Richard Reustle, as administrator of the estate of Barbara Reustle, for the deceased plaintiff-respondent Barbara Reustle, and to amend the caption accordingly.

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

ORDERED that the application is granted, Richard Reustle, as administrator of the estate of Barbara Reustle, is substituted for the deceased plaintiff-respondent Barbara Reustle, and the caption is amended accordingly; and it is further,

ORDERED that on the Court's own motion, the time for the respondents to serve and file their respective briefs is enlarged until April 20, 2017, and the respondents' briefs shall be served and filed on or before that date.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court