Appellate Division: Second Judicial Department

M283088

MB/

MARK C. DILLON, J.P.

VALERIE BRATHWAITE NELSON

SHERI S. ROMAN

WILLIAM G. FORD, JJ.

2015-12248, 2016-01764 Susan Abruzzi, as executor of the estate of Barbara Petillo, appellant, v Paul Maller, et al., respondents. (Index No. 183/2013)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Nassau County, entered November 6, 2015, and a judgment of the same court dated December 8, 2015. Motion by Susan Abruzzi, as executor of the estate of Barbara Petillo, to be substituted for the deceased appellant Barbara Petillo, to amend the caption accordingly, to lift the stay that arose upon the death of the deceased appellant Barbara Petillo, and for a preference in the calendaring of the appeals.

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

ORDERED that the branches of the motion which are to substitute Susan Abruzzi, as executor of the estate of Barbara Petillo, as the appellant, to amend the caption accordingly, and to lift the stay that arose upon the death of the deceased appellant Barbara Petillo, are granted, Susan Abruzzi, as executor of the estate of Barbara Petillo, is substituted for the deceased appellant Barbara Petillo, the caption is amended accordingly, and the stay which arose upon the death of the deceased appellant Barbara Petillo is vacated; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is denied.

DILLON, J.P., BRATHWAITE NELSON, ROMAN and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court