Muller v Davis & Davis, Esqs.
Motion No: 2017-08794
Slip Opinion No: 2021 NY Slip Op 73267(U)
Decided on October 15, 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

M279622

MB/

REINALDO E. RIVERA, J.P.

ANGELA G. IANNACCI

WILLIAM G. FORD

DEBORAH A. DOWLING, JJ.

2017-08794

Peter Muller, appellant,

v Davis & Davis, Esqs., et al., respondents.

(Index No. 1674/2015)

DECISION & ORDER ON MOTION

2019-07258

Peter Muller, appellant,

v Davis & Davis, Esqs., et al., respondents.

(Index No. 1674/2015)

Appeals from an order of the Supreme Court, Rockland County, dated July 18, 2017, and an order of the same court entered April 23, 2019. Motion by the appellant to appoint Charles G. Davis as personal representative of the estate of the deceased respondent, Jordon S. Davis, to substitute Charles G. Davis, as personal representative of the estate of the respondent Jordon S. Davis, for the deceased respondent, Jordon S. Davis, to amend the captions accordingly, to vacate the automatic stay that arose upon the death of the respondent Jordon S. Davis, and to consolidate the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, without prejudice to renew upon obtaining the appointment of a fully qualified personal representative of the estate of Jordon S. Davis in the proper forum.

RIVERA, J.P., IANNACCI, FORD and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court