Petrosian v B&A Wharehousing, Inc.
Motion No: 2018-06620
Slip Opinion No: 2018 NY Slip Op 90573(U)
Decided on December 11, 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

M257146

E/sl

JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2018-06620

George Petrosian, et al., appellants,

v B & A Wharehousing, Inc., et al., respondents,

et al., defendant.

(Index No. 15209/12)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated March 27, 2017, for failure to substitute a personal representative for the deceased defendant, Yakov Likhterman, or, in the alternative, to hold the appeal in abeyance pending appointment of a personal representative and to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to extend the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is extended until January 9, 2019, and the respondents' brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

LEVENTHAL, J.P., MILLER, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court