Appellate Division: Second Judicial Department

M260045

P/mm

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-03783 Margaret Wyatt, respondent-appellant, v Suffolk County Public Administrator, as the administrator of the estate of Wende Doniger, appellant-respondent, Kenneth J. Daly, respondent. (Index No. 2285/13)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Queens County, entered April 10, 2015. Application by Margaret Wyatt to withdraw the cross 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ORDERED that the application is granted and the cross appeal by Margaret Wyatt is deemed withdrawn; and it is further,

ORDERED that on the Court's own motion, Suffolk County Public Administrator, as the administrator of the estate of Wende Doniger, is substituted for the deceased appellant-respondent Wende Doniger, and the caption is amended accordingly; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal is extended until March 9, 2019, 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