Heeran v Long Island Power Authority
Motion No: 2020-04725
Slip Opinion No: 2021 NY Slip Op 69804(U)
Decided on August 4, 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

M278542

E/sl

WILLIAM F. MASTRO, J.P.

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON

LARA J. GENOVESI

DEBORAH A. DOWLING, JJ.

2020-04725

William Heeran, etc., et al., plaintiffs-respondents,

et al., plaintiff, v Long Island Power Authority,

et al., appellants, et al., defendants; Deborah Blair,

et al., nonparty-respondents.

(Index No. 702558/2013)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated May 26, 2020. Motion by the plaintiffs-respondents to substitute Joseph Bart Gagliardo, as personal representative of the estate of Patricia Tietjen, for the deceased plaintiff-respondent, Patricia Tietjen, to amend the caption accordingly, and to lift the stay that arose upon the death of the deceased plaintiff-respondent, Patricia Tietjen.

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, Joseph Bart Gagliardo, as personal representative of the estate of Patricia Tietjen, is substituted for the deceased plaintiff-respondent, Patricia Tietjen, the caption is amended accordingly, and the stay that arose upon the death of the deceased plaintiff-respondent, Patricia Tietjen, is lifted; and it is further,

ORDERED that on the Court's own motion, the plaintiffs-respondents' time to serve and file a brief via NYSCEF is extended until September 2, 2021.

MASTRO, J.P., DUFFY, BRATHWAITE NELSON, GENOVESI and DOWLING, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court