| Matter of Carlisle, Hershberg, Jupiter, and Jupiter , as co-executors |
| Motion No: 2016-04499 |
| Slip Opinion No: 2017 NY Slip Op 91292(U) |
| Decided on November 2, 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
M240550
E/ct
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2016-04499 In the Matter of Frances Carlisle, Michael Hershberg, Steven Jupiter, and Jennifer Jupiter, as co-executors of the estate of Edwin Hershberg, also known as Edwin K. Hershberg, appellants, v Oxford Fine Properties, Inc., respondent. (Index No. 10082/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, entered March 25, 2016, to deem the brief and reply brief filed by the deceased appellant, before the co-executors of the deceased appellant's estate were substituted for the deceased appellant, to be adopted by the co-executors of the deceased appellant's estate, and, in effect, for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to deem the brief and reply brief filed by the deceased appellant to be adopted by the co-executors of the deceased appellant's estate is granted; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., LEVENTHAL, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court