Appellate Division: Second Judicial Department

M281886

MB/

MARK C. DILLON, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

WILLIAM G. FORD, JJ.

2020-04117 U.S. Bank National Association, etc., appellant, v John H. Coleman III, as the administrator of the estate of John H. Coleman, Jr., respondent, et al., defendants. (Index No. 66990/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated May 4, 2020. Motion by the appellant to vacate the stay that arose upon the death of the respondent John H. Coleman, Jr., to substitute John H. Coleman III, as the administrator of the estate of John H. Coleman, Jr., as the respondent, and to amend the caption accordingly.

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, John H. Coleman III, as the administrator of the estate of John H. Coleman, Jr., is substituted for the deceased respondent John H. Coleman, Jr., the caption is amended accordingly, and the stay which arose upon the death of the deceased respondent John H. Coleman, Jr., is vacated; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is extended, and on or before April 13, 2022, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., CHRISTOPHER, GENOVESI and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court