| O'Connell v McDonough |
| Motion No: 2017-11431 |
| Slip Opinion No: 2019 NY Slip Op 63340(U) |
| Decided on February 15, 2019 |
| 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
M260183
E/sl
CHERYL E. CHAMBERS, J.P.
JOSEPH J. MALTESE
HECTOR D. LASALLE
BETSY BARROS, JJ.
|
2017-11431 Warren O'Connell, et al., appellants, v Maryann McDonough, respondent. (Index No. 8798/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Orange County, dated September 14, 2017, for failure to timely perfect, and pursuant to CPLR 1021 for failure to timely substitute a personal representative for the deceased appellant, Warren O'Connell.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
CHAMBERS, J.P., MALTESE, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court