| McMahan v Perry, as personal representative of the estate of McMahan |
| Motion No: 2017-01572 |
| Slip Opinion No: 2017 NY Slip Op 81464(U) |
| Decided on August 1, 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
M235155
P/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2017-01572 D Elena McMahan, appellant, v Susie McMahan Perry, also known as Leslie Susan Perry, as personal representative of the estate of David Bruce McMahan, respondent.
(Index No. 66190/16)
| ECISION & ORDER ON APPLICATION |
Application by Susie McMahan Perry, also known as Leslie Susan Perry, as personal representative of the estate of David Bruce McMahan, on an appeal from an order of the Supreme Court, Westchester County, dated February 6, 2017, to be substituted 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 respondent's 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 respondent's time to serve and file a brief is enlarged until August 28, 2017, and the respondent's 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