| Barone v Barone |
| Motion No: 2017-08810 |
| Slip Opinion No: 2018 NY Slip Op 66679(U) |
| Decided on March 13, 2018 |
| 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
M247343
P/rr
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2017-08810 Jean Barone, etc., appellant, v Gilma Posada Barone, etc., et al., respondents. (Index No. 9162/12)
| DECISION & ORDER ON MOTION |
Application by Jean Barone, as executor of the estate of Frank A. Barone, on an appeal from an order of the Supreme Court, Queens County, dated July 19, 2017, to be substituted for the deceased appellant Frank A. Barone, to amend the caption accordingly, and pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
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, Jean Barone, as executor of the estate of Frank A. Barone, is substituted for the deceased appellant Frank A. Barone, and the caption is amended accordingly; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until May 14, 2018, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.
SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court