| Matter of McCormick, deceased |
| Motion No: 2015-12186 |
| Slip Opinion No: 2017 NY Slip Op 79012(U) |
| Decided on July 3, 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
M233440
E/sl
RANDALL T. ENG, P.J.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
SANDRA L. SGROI, JJ.
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2015-12186 In the Matter of Edmund J. McCormick deceased. Bankers Trust Company, et al., petitioners- respondents; Edmund J. McCormick, Jr., respondent-respondent, et al., respondent; Suzanne McCormick, respondent-appellant. (File No. 3522/88)
| DECISION & ORDER ON MOTION |
Motion by Gail Markowitz, as executor of the estate of Herman Markowitz, to be substituted for the deceased petitioner-respondent, Herman Markowitz, on an appeal from an order of the Surrogate's Court, Westchester County, dated November 2, 2015, and to amend the caption accordingly.
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 denied without prejudice to seeking relief in the Surrogate's Court (see Kelly v Methodist Hosp., 276 AD2d 672).
ENG, P.J., LEVENTHAL, HALL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court