| KIMBERLY COLE, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF MARK COLE, DECEASED V BRENNTAG NORTHEAST, LLC |
| Motion No: CA 19-01354 |
| Slip Opinion No: 2020 NY Slip Op 67995(U) |
| Decided on June 26, 2020 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
CA 19-01354
| KIMBERLY COLE, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF
MARK COLE, DECEASED, PLAINTIFF-RESPONDENT, V BRENNTAG NORTHEAST, LLC,
DEFENDANT-APPELLANT. |
Appellant having moved to substitute plaintiff-respondent Kimberly Cole, appointed as executrix of the Estate of Mark Cole on January 9, 2020, for plaintiff-respondent Mark Cole, who died on November 27, 2019, on the appeal taken herein from an order of the Supreme Court, Onondaga County, entered June 24, 2019, and for an extension of time to perfect the appeal,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks substitution for the purposes of this appeal, and henceforth the caption of this appeal shall be as follows:
Kimberly Cole, Individually and as Executrix of the Estate of Mark Cole, Deceased, Plaintiff-Respondent, v Brenntag Northeast, LLC, Defendant-Appellant, and
It is further ORDERED that the motion is granted insofar as it seeks an extension of time to perfect and the time is extended to July 27, 2020, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: June 26, 2020
Mark W. Bennett
Clerk of the Court