| Matter of New York State Division of Human Rights v INS Electrical Ser |
| Motion No: 2015-04693 |
| Slip Opinion No: 2017 NY Slip Op 74701(U) |
| Decided on May 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. |
Appellate Division: Second Judicial Department
M229561
E/sl
JOHN M. LEVENTHAL, J.P.
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE
VALERIE BRATHWAITE NELSON, JJ.
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2015-04693 In the Matter of New York State Division of Human Rights, petitioner, v INS Electrical Services, Inc., et al., respondents. (Index No. 17660/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent Sunrise Electrical Services, LLC, to dismiss a proceeding pursuant to Executive Law § 298 which was transferred to this Court by order of the Supreme Court, Suffolk County, entered March 31, 2015, on the ground that Denise Alberta Rochester is not a proper administrator for the estate of Charles Rochester, or alternatively, to hold the proceeding in abeyance pending the appointment of Denise Alberta Rochester as the administrator of the estate of Charles Rochester. By decision and order on motion of this Court dated March 2, 2016, the matter was remitted to the Supreme Court, Suffolk County, to allow Denise Alberta Rochester to be appointed as administrator of the estate of Charles Rochester, pursuant to SCPA article 10, and thereafter for the Supreme Court, Suffolk County, to issue an order substituting Denise Alberta Rochester as administrator of the estate of Charles Rochester nunc pro tunc, or to advise the Court that such an order cannot be issued, and the motion was held in abeyance in the interim.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the order of the Supreme Court, Suffolk County, dated March 17, 2017, substituting Denise Alberta Rochester as the administrator of the estate of Charles Rochester, nunc pro tunc, and amending the caption, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion, the respondents' time to serve and file
their respective briefs is enlarged until June 26, 2017, and respondents' briefs, if any, must be served and filed on or before that date.
LEVENTHAL, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court