Appellate Division: Second Judicial Department

M264305

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2014-04423, 2014-05419, 2014-09711 David M. Cohen, plaintiff-respondent, v Stanley Cohen, et al., appellants, Martin Cohen, et al., defendants-respondents, et al., defendants. (Index No. 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 defendant John D. Quinn, on appeals from three orders of the Supreme Court, Suffolk County, dated April 23, 2014, April 28, 2014, and May 23, 2014, respectively, to amend the caption accordingly, and to vacate a stay which purportedly arose upon the death of the defendant John D. Quinn.

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

ORDERED that the branches of the motion which are to substitute the Public Administrator of the County of Suffolk, as administrator of the estate of John D. Quinn for the deceased defendant John D. Quinn, and to amend the caption accordingly, are denied, as the defendant John D. Quinn was not a party to the appeals; and it is further,

ORDERED that the branch of the motion which is to vacate a stay which purportedly arose upon the death of the defendant John D. Quinn is denied as unnecessary, as no stay is in effect.

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

ENTER:

Aprilanne Agostino

Clerk of the Court