Appellate Division: Second Judicial Department

M288803

AFA/

BETSY BARROS, J.P.

ANGELA G. IANNACCI

CHERYL E. CHAMBERS

LINDA CHRISTOPHER, JJ.

2018-01780 In the Matter of William F. Andes, Jr., et al., petitioners-appellants, v Zoning Board of Appeals of the Town of Riverhead, et al., respondents. (Index No. 8742/2016)

DECISION & ORDER ON MOTION

2019-12175

In the Matter of William F. Andes, Jr., et al.,

petitioners-respondents, v Planning Board of

the Town of Riverhead, appellant, et al., respondents.

(Index No. 1311/2018)

Proceedings pursuant to CPLR article 78 which were transferred to this Court by two orders of the Supreme Court, Suffolk County, dated December 22, 2017, and August 16, 2019, respectively. Motion by William F. Andes, Jr., Eva Andes, and Dale Silver, inter alia, in effect, pursuant to CPLR 1015(b) to deem the claims by the petitioner Martin Silver to be extinguished as a result of his death and to amend the caption to reflect that Martin Silver is no longer a petitioner or, in the alternative, to substitute Dale Silver, as executor of the estate of Martin Silver, for the deceased petitioner Martin Silver, to amend the caption accordingly, and to vacate the stay that arose upon the death of the petitioner Martin Silver.

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 to the extent that the claims by the petitioner Martin Silver are deemed to be extinguished as a result of his death and the caption is amended to reflect that Martin Silver is no longer a petitioner, and the motion is otherwise denied.

BARROS, J.P., IANNACCI, CHAMBERS and CHRISTOPHER, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court