| Procel v Pecora |
| Motion No: 2016-03310 |
| Slip Opinion No: 2020 NY Slip Op 63401(U) |
| Decided on February 21, 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. |
Appellate Division: Second Judicial Department
M269887
E/mb
CHERYL E. CHAMBERS, J.P.
JOHN M. LEVENTHAL
VALERIE BRATHWAITE NELSON
PAUL WOOTEN, JJ.
|
2016-03310 Beatrice Procel, respondent, v Janet Pecora, appellant. (Index No. 16341/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPLR 1021 to substitute Vilma Berganza, purported executor of the estate of the deceased respondent, Beatrice Procel, for the deceased respondent, Beatrice Procel, on an appeal from a judgment of the Supreme Court, Queens County, dated February 8, 2016, to amend the caption accordingly, and to vacate the automatic stay which arose upon the death of the respondent.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied without prejudice to renew, upon proper papers, including any letters testamentary appointing an executor for the estate of the deceased respondent, Beatrice Procel.
CHAMBERS, J.P., LEVENTHAL, BRATHWAITE NELSON and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court