Mosquera v Falcon
Motion No: 2016-09493
Slip Opinion No: 2022 NY Slip Op 69793(U)
Decided on August 10, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M284392

MB/

COLLEEN D. DUFFY, J.P.

SHERI S. ROMAN

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2016-09493

Virgelina Mosquera, respondent,

v Maria A. Falcon, appellant.

(Index No. 22852/2013)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, entered July 12, 2016. Motion by Martiza Olivencia to be substituted for the deceased appellant Maria A. Falcon, to amend the caption accordingly, and to lift the stay that arose upon the death of the deceased appellant Maria A. Falcon.

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 denied, with leave to renew upon proper papers, including an order granting Martiza Olivencia letters of administration or appointing her as the executor of the estate of the deceased appellant Maria A. Falcon, or other evidence demonstrating that Martiza Olivencia is the personal representative of the estate of the deceased appellant Maria A. Falcon.

DUFFY, J.P., ROMAN, WARHIT and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court