Bennett v State Farm Fire and Casualty Company
Motion No: 2018-09306
Slip Opinion No: 2019 NY Slip Op 67151(U)
Decided on April 4, 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

M261643

P/mm

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-09306, 2018-09307

D

Richard Bennett, et al., plaintiffs-respondents,

v State Farm Fire and Casualty Company,

et al., defendants, Creative Landscaping

by Cow Bay, Inc., appellant, Lewis Oil Company,

et al., defendants-respondents (and other titles).

(Index No. 10385/13)

ECISION & ORDER ON APPLICATION

Application by Christina Maria Aimee Bennett, as administrator of the estate of Mary Wendell Bennett, in effect, to be substituted for the deceased plaintiff-respondent Mary Wendell Bennett, on appeals from two orders of the Supreme Court, Nassau County, entered July 13, 2018, and July 17, 2018, respectively, and to amend the caption accordingly.

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, Christina Maria Aimee Bennett, as administrator of the estate of Mary Wendell Bennett, is substituted for the deceased plaintiff-respondent Mary Wendell Bennett, and the caption is amended accordingly.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court