Matter of Cianci, deceased
Motion No: 2016-05253
Slip Opinion No: 2018 NY Slip Op 68681(U)
Decided on April 3, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M248433

E/rr

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-05253

In the Matter of Victor J. Cianci, also known

as Victor Joseph Cianci, deceased.

Lorraine Ueltzen, etc, petitioner-respondent;

Barbara Niederhoffer, et al., objectants-appellants.

(File No. 326/14)

DECISION & ORDER ON MOTION

Appeal by Barbara Niederhoffer, Jeffrey Plotkin, and Sheila Clausen from an order of the Surrogate's Court, Orange County, dated January 25, 2016, which was dismissed by decision and order on motion of this Court, entitled "in the Matter of the Dismissal of Causes for Failure to Perfect," dated July 5, 2017.

On the Court's own motion, it is

ORDERED that so much of the decision and order on motion of this Court dated July 5, 2017, as dismissed the appeal is recalled and vacated; and it is further,

ORDERED that Lorraine Ueltzen, executor of the estate of Victor J. Cianci, also known as Victor Joseph Cianci, deceased, is substituted for Lorraine Ueltzen and Keith Ueltzen as co-executors of the estate of Victor J. Cianci, also known as Victor Joseph Cianci, deceased, upon the death of Keith Ueltzen, on the appeal, and the caption for the appeal is amended accordingly.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court