Appellate Division: Second Judicial Department

M254839

E/htr

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2017-03001 Valentina Nicoletti, plaintiff-respondent, v Gena Ancona, et al., defendants-respondents; Progressive Insurance Company, nonparty-appellant. (Index No. 40606/08)

DECISION & ORDER ON MOTION

Appeal by Progressive Insurance Company from an order of the Supreme Court, Suffolk County, dated January 31, 2017. By order to show cause dated June 11, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the order was issued after the death of Valentina Nicoletti and no substitution of a personal representative of her estate has been made.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is denied on condition that on or before September 26, 2018, a motion is made in the Supreme Court, Suffolk County, to substitute a personal representative for the deceased plaintiff-respondent, Valentina Nicoletti, nunc pro tunc, and upon substitution of such personal representative, amendment of the caption nunc pro tunc (see Kelly v Fenton, 134 AD3d 768).

DILLON, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court