Ray v Royal Waste Services
Motion No: 2019-03479
Slip Opinion No: 2021 NY Slip Op 61841(U)
Decided on February 17, 2021
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M275542

E/sl

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2019-03479

Nettie B. Ray, as administrator of the

estate of Rasheen Malone, respondent,

v Royal Waste Services, et al., appellants.

(Index No. 9183/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated January 29, 2019. Motion by Nettie B. Ray, as administrator of the estate of Rasheen Malone, to be substituted for the deceased respondent, Rasheen Malone, and to vacate the stay which arose upon his death.

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, Nettie B. Ray, as administrator of the estate of Rasheen Malone, is substituted for the deceased respondent, Rasheen Malone, the caption is amended accordingly, and the stay which arose upon the death of the deceased respondent, Rasheen Malone, is vacated; and it is further,

ORDERED that on the Court's own motion, the appellants' time to perfect the appeal is extended, and on or before March 19, 2021, the appellants shall serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' 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 record or appendix and the appellants' brief in accordance with any applicable administrative order or other order to be issued by the Court.

CHAMBERS, J.P., MILLER, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court