| Craig v Rutland Nursing Home |
| Motion No: 2018-11381 |
| Slip Opinion No: 2020 NY Slip Op 63409(U) |
| Decided on February 24, 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
M269842
kbp/
JOHN M. LEVENTHAL, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
|
2018-11381 Reynaldo Craig, etc., et al., respondents, v Rutland Nursing Home, appellant. (Index No. 81263/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to substitute Myrna Clarke, as administrator of the estate of Jose Craig, for the deceased respondent Jose Craig, on an appeal from an order of the Supreme Court, Kings County, dated June 27, 2018, to vacate the automatic stay which arose upon the death of the respondent Jose Craig, and to extend the time to perfect the appeal.
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 branch of the motion which is, in effect, to substitute Myrna Clarke, as administrator of the estate of Jose Craig, for the deceased respondent Jose Craig, is granted, and the caption is amended accordingly; and it is further,
ORDERED that the branch of the motion which is to vacate the automatic stay is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is extended until April 24, 2020, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.
LEVENTHAL, J.P., ROMAN, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court