Appellate Division: Second Judicial Department

M264591

U/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2012-01889 David M. Cohen, etc., et al., plaintiffs, v Stanley Cohen, etc., et al., defendants; Five Towns College, intervenor. (Action No. 1) Janet Cohen Kaplan, etc., et al., respondents, v Stanley Cohen, etc., et al., defendants, Five Towns College Board of Trustees, et al., appellants. (Action No. 2) David M. Cohen, etc., et al., respondents, v Stanley Cohen, etc., et al., defendants, Five Towns College Board of Trustees, et al., appellants. (Action No. 3) (Index Nos. 40466/08, 18376/09, 10934/10)

DECISION & ORDER ON MOTION

Motion by the appellants to substitute the Public Administrator of the County of Suffolk, as administrator of the estate of John D. Quinn, for the deceased appellant John D. Quinn, on an appeal from an order of the Supreme Court, Suffolk County, dated January 5, 2012, to amend the caption accordingly, and to vacate the stay which arose upon the death of the appellant John D. Quinn.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to substitute the Public Administrator of the County of Suffolk, as administrator of the estate of John D. Quinn, is granted, the Public Administrator of the County of Suffolk, as administrator of the estate of John D. Quinn is substituted for the deceased appellant John D. Quinn, and the caption is amended accordingly; and it is further,

ORDERED that the branch of the motion which is to vacate the stay is granted.

RIVERA, J.P., ROMAN, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court