RICHARD G. VOGT, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF LINDA VOGT, DECEASED V WILLIAM B. EBERHARDT, JR. AND

RICHARD G. VOGT, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF LINDA VOGT, DECEASED V WILLIAM B. EBERHARDT, JR. AND

Motion No: CA 17-00065

Slip Opinion No: 2018 NY Slip Op 60223(U)

Decided on January 3, 2018

Appellate Division, Fourth 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.

January 3, 2018

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 17-00065

RICHARD G. VOGT, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF
LINDA VOGT, DECEASED, PLAINTIFFS-APPELLANTS,
V
WILLIAM B. EBERHARDT, JR. AND JULIA A. BERGAN,
DEFENDANTS-RESPONDENTS.

Richard G. Vogt having moved to be substituted as executor of the estate of Linda Vogt, deceased on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on October 6, 2016, and to restore the appeal to this Court's calendar,

Now, upon reading and filing the affirmation of Michael A. Rosenhouse, Esq., received December 20, 2017, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and Richard G. Vogt is substituted as executor of the estate of Linda Vogt, deceased, and

It is further ORDERED that this appeal will be argued during the term of this Court commencing May 14, 2018,

It is further ORDERED that respondents' brief shall be filed and served on or before February 2, 2018, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before February 20, 2018.

Entered: January 3, 2018

Mark W. Bennett, Clerk