Garcia v Garcia
Motion No: 2017-03930
Slip Opinion No: 2020 NY Slip Op 61690(U)
Decided on January 29, 2020
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

M269163

P/mb

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-03930 D

Michael J. Garcia, as executor of the estate of

Joaquin Garcia, individually, and on behalf of

JMP Properties, LLC, and All-Boro Management

Co., LLC, respondent v Peter Garcia, appellant.

(Action No. 1)

Peter J. Garcia, appellant,

v Michael Garcia, et al., respondents,

Brooklyn Properties 21, LLC, et al., appellants.

(Action No. 2)

(Index Nos. 24618/10, 28956/10)

ECISION & ORDER ON APPLICATION

Application by Michael J. Garcia, as executor of the estate of Joaquin Garcia, to be substituted for the deceased respondent, Joaquin Garcia, on an appeal from a judgment of the Supreme Court, Kings County, dated March 1, 2017, 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, Michael J. Garcia, as executor of the estate of Joaquin Garcia, is substituted for the deceased respondent, Joaquin Garcia, and the caption is amended accordingly.

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

ENTER:

Aprilanne Agostino

Clerk of the Court