| Fitzpatrick v Affairs & Banquets Floral Services, Inc. |
| Motion No: 2020-04382 |
| Slip Opinion No: 2023 NY Slip Op 62371(U) |
| Decided on February 22, 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
M287484
AFA/
VALERIE BRATHWAITE NELSON, J.P.
CHERYL E. CHAMBERS
DEBORAH A. DOWLING
BARRY E. WARHIT, JJ.
|
2020-04382 Thomas J. Fitzpatrick, as executor of the estate of Eileen Fitzpatrick, appellant, v Affairs & Banquets Floral Services, Inc., etc., et al., respondents. (Index No. 67980/2016)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated April 30, 2020. Motion by Thomas J. Fitzpatrick, as executor of the estate of Eileen Fitzpatrick, to be substituted for the deceased appellant Eileen Fitzpatrick, to amend the caption accordingly, and to vacate the stay that arose upon the death of the deceased appellant Eileen Fitzpatrick.
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, Thomas J. Fitzpatrick, as executor of the estate of Eileen Fitzpatrick is substituted for the deceased appellant Eileen Fitzpatrick, the caption is amended accordingly, and the stay which arose upon the death of the deceased appellant Eileen Fitzpatrick, is vacated.
BRATHWAITE NELSON, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court