Appellate Division: Second Judicial Department

M235149

P/afa

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-01570 D Elena McMahan, appellant, v Brian Belowich, et al., respondents. (Index No. 65377/16)

ECISION & ORDER ON APPLICATION

Application by the respondents on an appeal from an order of the Supreme Court, Westchester County, dated February 6, 2017, to substitute Susie McMahan Perry, also known as Leslie Susan Perry, as personal representative of the estate of David Bruce McMahan, for the deceased respondent David Bruce McMahan, to amend the caption accordingly, and pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a respondents' brief.

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, Susie McMahan Perry, also known as Leslie Susan Perry, as personal representative of the estate of David Bruce McMahan, is substituted for the deceased respondent David Bruce McMahan, and the caption is amended accordingly; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until August 28, 2017, and the respondents' brief 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