Casavecchia v Mizrahi
Motion No: 2017-10003
Slip Opinion No: 2021 NY Slip Op 72226(U)
Decided on September 24, 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

M279291

MB/

CHERYL E. CHAMBERS, J.P.

BETSY BARROS

PAUL WOOTEN

DEBORAH A. DOWLING, JJ.

2017-10003

Joseph Casavecchia, Sr., etc., plaintiff-respondent,

v William Mizrahi, etc., et al., appellants,

Chitoor Govindaraj, defendant-respondent.

(Index No. 6679/2005)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated April 6, 2017. Motion by Christopher Garpestad and Christine Anderson, as preliminary co-executors of the estate of William W. Mizrahi, to be substituted for the deceased defendant-appellant William W. Mizrahi, to amend the caption accordingly, and to lift the stay that arose upon the death of the deceased defendant-appellant William W. Mizrahi.

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 denied, without prejudice to renew upon the issuance of letters testamentary.

CHAMBERS, J.P., BARROS, WOOTEN and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court