| IN THE MATTER OF THE APPLICATION OF RICHARD M., AS EXECUTOR OF THE ESTATE OF FRANK J. M., DECEASED LUCY K., ROBERT K. |
| Motion No: CA 20-00126 |
| Slip Opinion No: 2020 NY Slip Op 74417(U) |
| Decided on November 4, 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 20-00126
Index No: 2014-10042
| IN THE MATTER OF THE APPLICATION OF RICHARD M., AS
EXECUTOR OF THE ESTATE OF FRANK J. M., DECEASED, PETITIONER. LUCY K., ROBERT K., RICHARD K., AND JOAN
H., RESPONDENTS. |
Petitioner Richard M., appointed as executor of the Estate of Frank J. M. on April 24, 2020, having moved to be substituted for petitioner Richard M., as Guardian for Frank J. M., an Incapacitated Person, on an appeal from a judgment of the Supreme Court, Monroe County, entered July 9, 2019, and having moved for other relief,
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, and henceforth the caption of this matter shall be as follows: Richard M., as executor of the Estate of Frank J. M., deceased (see Matter of Vita V. [Cara B.], 100 AD3d 913, 914 [2d Dept 2012]), and
It is further ORDERED that the motion is otherwise dismissed as unnecessary.
Memorandum: The movant has 15 days from the date of this order to file and serve a valid notice of appeal (see CPLR 1022).
Entered: November 4, 2020
Mark W. Bennett
Clerk of the Court