| Dudley-Lanier v City of New York |
| Motion No: 2018-05299 |
| Slip Opinion No: 2019 NY Slip Op 75963(U) |
| Decided on July 24, 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. |
Appellate Division: Second Judicial Department
M264331
E/sl
RUTH C. BALKIN, J.P.
JOSEPH J. MALTESE
COLLEEN D. DUFFY
LINDA CHRISTOPHER, JJ.
|
2018-05299 Lenora Dudley-Lanier, as administrator of the estate of Marion Dudley, plaintiff, v City of New York, et al., respondents, et al., defendant; George Heath, nonparty- appellant.
(Index No. 12978/14)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of on an appeal from an order of the Supreme Court, Kings County, dated April 10, 2018, which has been deemed dismissed pursuant to 22 NYCRR 1250.10(a), and to remand the matter to the Supreme Court, Kings County.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, Lenora Dudley-Lanier, as administrator of the estate of Marion Dudley, is substituted for the deceased plaintiff, Marion Dudley, and the caption is amended accordingly; and it is further,
ORDERED that the motion is denied.
BALKIN, J.P., MALTESE, DUFFY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court