[*1]
Miranda v Loresti
2004 NY Slip Op 50446(U)
Decided on May 20, 2004
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 20, 2004
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:ARONIN, J.P., PATTERSON and GOLIA, JJ.
NO. 2003-1447 K C

JASMINE MIRANDA, CARMEN COSME as Administratrix of the Estate of PEDRO VELEZ deceased and CARMEN COSME individually, Respondents,

against

JANIS R. LORESTI and JENNIFER R. LECLAIR, Appellants, -and- LUIS GONZALEZ, LUIS A. GONZALEZ, Defendants.


Appeal by defendants Janis R. Loresti and Jennifer R. Leclair, as limited by


their brief, from an order of the Civil Court, Kings County (L. Baily-Schiffman, J.), entered on February 13, 2003, which, inter alia, granted that branch of plaintiffs' motion which sought to restore the case to the calendar.

Order unanimously affirmed without costs.

The infant plaintiff's death, after the commencement of the action for personal injuries, automatically stayed all further proceedings pending substitution of a representative (CPLR 1015; 1021; see Novaro v Jomar Real Estate Corp., 283 AD2d 352 [2001]). Under the circumstances, the usual prerequisites for restoration are not applicable.
Decision Date: May 20, 2004