| Ashfaq v Ice Cream Depot Corp. |
| Motion No: 2017-06358 |
| Slip Opinion No: 2022 NY Slip Op 65424(U) |
| Decided on May 4, 2022 |
| 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. |
Appellate Division: Second Judicial Department
M282750
MB/
MARK C. DILLON, J.P.
SHERI S. ROMAN
JOSEPH J. MALTESE
DEBORAH A. DOWLING, JJ.
|
2017-06358, 2017-06359 Muhammed Ashfaq, et al., appellants, v Ice Cream Depot Corp., et al., respondents. (Index No. 16271/2010)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Supreme Court, Suffolk County, dated June 24, 2016, and April 13, 2017, respectively. Motion by the respondent Ice Cream Depot Corp. to vacate the stay that arose upon the death of the respondent Charles Battipede, to substitute Elizabeth M. Keller, as the administrator of the estate of Charles Battipede, for the deceased respondent Charles Battipede, 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, Elizabeth M. Keller, as the administrator of the estate of Charles Battipede is substituted for the deceased respondent Charles Battipede, the caption is amended accordingly, and the stay which arose upon the death of the deceased respondent Charles Battipede, is vacated.
DILLON, J.P., ROMAN, MALTESE and DOWLING, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court