Fagan v Roman Catholic Archdiocese of New York
Motion No: 2021-03349
Slip Opinion No: 2021 NY Slip Op 72595(U)
Decided on October 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

M279333

P/afa

HECTOR D. LASALLE, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

CHERYL E. CHAMBERS, JJ.

2021-03349

Daniel Fagan, plaintiff-respondent,

v Roman Catholic Archdiocese of New

York, appellant, Church of Immaculate

Heart of Mary, etc., et al., defendants-

respondents (and other titles).

(Westchester County Index Nos. 69030/2019,

69029/2019, 69031/2019, 69032/2019,

69503/2019, 69504/2019, 69676/2019,

69941/2019, 69943/2019, 70121/2019,

70122/2019, 70938/2019, 50973/2020,

51608/2020, 55794/2020, 55795/2020,

55797/2020, 56145/2020, 56670/2020)

DECISION & ORDER APPLICATION

Appeal by Roman Catholic Archdiocese of New York from an order of the Supreme Court, Nassau County (Part CVA-R), dated May 5, 2021. Application by the appellant to substitute Andrew B. Swayne, as administrator of the estate of Kevin Swayne, for the deceased plaintiff-respondent Kevin Swayne, and to amend the caption accordingly.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted, Andrew B. Swayne, as administrator of the estate of Kevin Swayne, is substituted for the deceased plaintiff-respondent Kevin Swayne, and the caption is amended accordingly.

LASALLE, P.J., MASTRO, RIVERA, DILLON and CHAMBERS, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court