Appellate Division: Second Judicial Department

M275381

E/sl

WILLIAM F. MASTRO, A.P.J.

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2019-07992 Sheri Hornbuckle, etc., plaintiff-respondent, v Tyler E. Hannibal, et al., defendants-respondents, et al., defendants, Town of East Hampton, appellant. (Index No. 28279/2011)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated April 23, 2019. Motion by the defendant Town of East Hampton to substitute Sheri Hornbuckle, as administrator of the estate of Robert Hornbuckle, for the deceased plaintiff-respondent, Robert Hornbuckle, to amend the caption accordingly, and to extend the time to perfect the appeal. By order to show cause dated October 21, 2020, on the Court's own motion, Sheri Hornbuckle, as administrator of the estate of Robert Hornbuckle, was substituted for the deceased plaintiff-respondent, Robert Hornbuckle, and the caption was amended accordingly, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that Plainedge Union Free School District is not aggrieved by the order dated April 23, 2019 (see CPLR 5511), and the motion by the defendant Town of East Hampton was held in abeyance in the interim. Separate motion by the defendant Town of East Hampton to deem the notice of appeal to reflect that it is the appealing party.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motions by the defendant Town of East Hampton and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to deem the notice of appeal to reflect that the defendant Town of East Hampton is the appealing party is granted and the caption is amended accordingly (see CPLR 2001); and it is further,

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to substitute Sheri Hornbuckle, as administrator of the estate of Robert Hornbuckle, for the deceased plaintiff-respondent, Robert Hornbuckle, is denied as academic; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, the time to perfect the appeal is extended, and on or before May 4, 2021, the Town of East Hampton shall serve the record or appendix and its brief and upload digital copies of the record or appendix and its brief, with proof of service thereof, through the digital portal on this Court's website, and the Town of East Hampton shall file an original and five hard copies of the record or appendix and its brief in accordance with any applicable administrative order or other order to be issued by the Court.

MASTRO, A.P.J., HINDS-RADIX, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court