Appellate Division: Second Judicial Department

M272360

E/sl

RUTH C. BALKIN, J.P.

ROBERT J. MILLER

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2016-03310 Vilma Berganza, etc., respondent, v Janet Pecora, appellant. (Index No. 16341/2012)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, entered February 16, 2016. Motion by the appellant pursuant to CPLR 1021 to substitute Vilma Berganza, executor of the estate of the deceased respondent, Beatrice Procel, for the deceased respondent, Beatrice Procel, 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 granted; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is extended, and on or before September 11, 2020, the respondent shall serve the respondent's brief and upload a digital copy of the respondent's brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the respondent's brief in accordance with any applicable administrative order or other order to be issued by the Court.

BALKIN, J.P., MILLER, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court