O'Connell v McDonough
Motion No: 2017-11431
Slip Opinion No: 2021 NY Slip Op 68430(U)
Decided on June 30, 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

M276085

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2017-11431

Sharon O'Connell, individually and as administrator

of the estate of Warren O'Connell, appellant, v

Maryann McDonough, respondent.

(Index No. 8798/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Orange County, dated September 14, 2017. Motion by Sharon O'Connell, individually and as administrator of the estate of Warren O'Connell, to substitute Sharon O'Connell, as administrator of the estate of Warren O'Connell, for the deceased appellant, Warren O'Connell, to amend the caption accordingly, to lift the stay that arose upon the death of Warren O'Connell, and for leave to withdraw the appeal.

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, Sharon O'Connell, as administrator of the estate of Warren O'Connell, is substituted for the deceased appellant, Warren O'Connell, the caption is amended accordingly, the stay that arose upon the death of Warren O'Connell is lifted, and the appeal is deemed withdrawn.

DILLON, J.P., HINDS-RADIX, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court