Perry, as personal representative of the estate of McMahan v McMahan
Motion No: 2017-02103
Slip Opinion No: 2017 NY Slip Op 81494(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M235166

P/afa

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-02103

D

Susie McMahan Perry, also known as

Leslie Susan Perry, as personal representative

of the estate of David Bruce McMahan, respondent,

v Elena McMahan, appellant.

(Index No. 14070/07)

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