Episcopal Diocese of Long Island v St. Matthias Nondenominational Mini
Motion No: 2015-03846
Slip Opinion No: 2017 NY Slip Op 71458(U)
Decided on April 24, 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

M229907

E/afa

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2015-03846

Episcopal Diocese of Long Island, et al.,

respondents, v St. Matthias Nondenominational

Ministries, Inc., et al., appellants.

(Index No. 14247/12)

DECISION & ORDER ON MOTION

Motion by the respondents to substitute Yolanda I. Daniels, as personal representative for the estate of Shirley Hardy, for the deceased appellant, Shirley Hardy, on an appeal from a judgment of the Supreme Court, Nassau County, entered February 25, 2015, and for leave to discontinue the action insofar as asserted against Shirley Hardy, as well as the appellant Lawton L. Bryant.

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 Yolanda I. Daniels, as personal representative for the estate of Shirley Hardy, for the deceased appellant, Shirley Hardy, is granted, and the caption is amended accordingly; and it is further,

ORDERED that the branch of the motion which is for leave to discontinue the action insofar as asserted against Shirley Hardy as well as Lawton L. Bryant is denied without prejudice to seeking relief in the Supreme Court, Nassau County.

BALKIN, J.P., AUSTIN, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court