| Clevenger v Yuzek |
| Motion No: 2018-09977 |
| Slip Opinion No: 2023 NY Slip Op 62230(U) |
| Decided on February 17, 2023 |
| 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
M287413
AFA/
COLLEEN D. DUFFY, J.P.
LINDA CHRISTOPHER
JOSEPH A. ZAYAS
LILLIAN WAN, JJ.
|
2018-09977 Ty O. Clevenger, appellant, v Dean G. Yuzek, et al., respondents. (Index No. 518372/2017)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated July 3, 2018. Motion by Frederick E. Edwords, as administrator of the estate of William C. Cartinhour Jr., to be substituted for the deceased respondent, William C. Cartinhour Jr., to amend the caption accordingly, and to vacate the stay that arose upon the death of the deceased respondent William C. Cartinhour Jr. Motion by the appellant, inter alia, for a preference in the calendaring of the appeal and to take judicial notice of certain material.
Upon the papers filed in support of the motion by Frederick E. Edwords and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is
ORDERED that the motion by Frederick E. Edwords is granted, Frederick E. Edwords, as administrator of the estate of William C. Cartinhour Jr., is substituted for the deceased respondent William C. Cartinhour Jr., the caption is amended accordingly, and the stay which arose upon the death of the deceased respondent William C. Cartinhour Jr., is vacated; and it is further,
ORDERED that the motion by the appellant is denied.
DUFFY, J.P., CHRISTOPHER, ZAYAS and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court