Buggiani v Clancy
Motion No: 2017-08155
Slip Opinion No: 2019 NY Slip Op 65269(U)
Decided on March 14, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M260927

E/mm

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2017-08155

Tobia Buggiani, et al., respondents,

v Thomas Clancy, et al., appellants.

(Index No. 501806/17)

DECISION & ORDER ON MOTION

Motion by the respondents to vacate an automatic stay pursuant to CPLR 1015(b) on an appeal from an order of the Supreme Court, Kings County, dated July 12, 2017, and to amend the caption to remove the deceased appellant, Libya Clancy, as a party to the action.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied without prejudice to renew, upon proper papers, including the so-ordered stipulation identified in the order of the Supreme Court, Kings County, dated November 14, 2018.

RIVERA, J.P., COHEN, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court