Bennett v State Farm Fire and Casualty Company
Motion No: 2018-11066
Slip Opinion No: 2019 NY Slip Op 67153(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

M261649

P/mm

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-11066

D

Richard Bennett, et al., appellants,

v State Farm Fire and Casualty Company,

respondent, Creative Landscaping

by Cow Bay, Inc., et al., defendants (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 appellant Mary Wendell Bennett, on an appeal from an order of the Supreme Court, Nassau County, dated July 6, 2018, 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 appellant Mary Wendell Bennett, and the caption is amended accordingly; and it is further,

ORDERED that on the Court's own motion, the appellants' time to perfect the appeal is extended until June 4, 2019, and the record or appendix on the appeal and the appellants' 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