Cuautle-Rosas v Caprio
Motion No: 2021-03816
Slip Opinion No: 2023 NY Slip Op 62231(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M287411

AFA/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

JOSEPH A. ZAYAS

LILLIAN WAN, JJ.

2021-03816

Maria Estela Cautle-Rosas, appellant,

v Marylin Carmela Caprio, as executor

of the estate of Thomas Caprio, respondent.

(Index No. 512844/2018)

DECISION & ORDER ON MOTION

2021-03818

Maria Estela Cautle-Rosas, appellant,

v Marylin Carmela Caprio, as executor

of the estate of Thomas Caprio, respondent.

(Index No. 512844/2018)

Appeals from two orders of the Supreme Court, Kings County, both dated May 3, 2021. Motion by the appellant to substitute Marylin Carmela Caprio, as executor of the estate of Thomas Capiro, for the deceased respondent, Thomas Caprio, to amend the captions accordingly, and to vacate the stay that arose upon the death of the deceased respondent Thomas Caprio.

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, Marylin Carmela Caprio, as executor of the estate of Thomas Caprio, is substituted for the deceased respondent Thomas Caprio, the captions are amended accordingly, and the stay which arose upon the death of the deceased respondent Thomas Caprio, is vacated.

DUFFY, J.P., CHRISTOPHER, ZAYAS and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court