Garcia v National Healthcare Associates, Inc.
Motion No: 2019-02359
Slip Opinion No: 2022 NY Slip Op 70203(U)
Decided on August 19, 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

M284560

MB/

VALERIE BRATHWAITE NELSON, J.P.

PAUL WOOTEN

JOSEPH A. ZAYAS

LARA J. GENOVESI, JJ.

2019-02359

Lori Ann DiFalco, as administrator of the estate

of Joseph Orlando Garcia, appellant,

v National Healthcare Associates, Inc., et al.,

respondents, et al., defendants.

(Index No. 6579/2013)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Dutchess County, dated December 12, 2018. Motion by Lori Ann DiFalco, as administrator of the estate of Joseph Orlando Garcia, to be substituted for the deceased appellant Joseph Orlando Garcia, to amend the caption accordingly, and to vacate the stay that arose upon the death of the deceased appellant Joseph Orlando Garcia.

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, Lori Ann DiFalco, as administrator of the estate of Joseph Orlando Garcia is substituted for the deceased appellant Joseph Orlando Garcia, the caption is amended accordingly, and the stay which arose upon the death of the deceased appellant Joseph Orlando Garcia, is vacated.

BRATHWAITE NELSON, J.P., WOOTEN, ZAYAS and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court