Sette v NYU Langone Health System
Motion No: 2021-03127
Slip Opinion No: 2023 NY Slip Op 62956(U)
Decided on March 6, 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

M287698

AFA/

FRANCESCA E. CONNOLLY, J.P.

CHERYL E. CHAMBERS

DEBORAH A. DOWLING

HELEN VOUTSINAS, JJ.

2021-03127

Michael Sette, et al., respondents,

v NYU Langone Health System, et al.,

appellants.

(Index No. 602969/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated April 15, 2021. Motion, in effect, by the appellants Jonathan Brisman and Neurological Surgery, P.C., and Alissa Aimee Shaber, as the administrator of the estate of Stephen Burstein, to substitute Alissa Aimee Shaber, as the administrator of the estate of Stephen Burstein, for the deceased appellant Stephen Burstein, to amend the caption accordingly, and to vacate the stay that arose upon the death of the appellant Stephen Burstein.

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, Alissa Aimee Shaber, as the administrator of the estate of Stephen Burstein, is substituted for the deceased appellant, Stephen Burstein, the caption is amended accordingly, and the stay which arose upon the death of the deceased appellant Stephen Burstein, is vacated; and it is further,

ORDERED on the Court's own motion, on or before April 5, 2023, the appellants shall serve and file the joint record or appendix and the appellants' respective briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and the appellants' respective briefs and upload digital copies of the joint record or appendix and the appellants' respective briefs, with proof of service thereof, through the digital portal on this Court's website.

CONNOLLY, J.P., CHAMBERS, DOWLING and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court