| Aberbach-Marolda v Cherner |
| Motion No: 2018-06508 |
| Slip Opinion No: 2023 NY Slip Op 66996(U) |
| Decided on May 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
M289031
AFA/
MARK C. DILLON, J.P.
BETSY BARROS
PAUL WOOTEN
JOSEPH A. ZAYAS, JJ.
|
2018-06508 Susanne Aberbach-Marolda, et al., respondents, v Daniel Cherner, appellant. (Index No. 58495/2016)
| DECISION & ORDER ON MOTION |
2019-01115
Susanne Aberbach-Marolda, et al., respondents,
v Daniel Cherner, appellant.
(Index No. 58495/2016)
2019-02950
Susanne Aberbach-Marolda, et al., respondents,
v Daniel Cherner, appellant.
(Index No. 58495/2016)
2019-02951
Susanne Aberbach-Marolda, et al., respondents,
v Daniel Cherner, appellant.
(Index No. 58495/2016)
2019-09826
Susanne Aberbach-Marolda, et al., respondents,
v Daniel Cherner, appellant.
(Index No. 58495/2016)
Appeals from four orders of the Supreme Court, Westchester County, dated April 30, 2018, December 17, 2018, February 26, 2019, and March 6, 2019, respectively, and a judgment of the same court dated August 13, 2019. Motion by the appellant to vacate the stay that arose upon the death of the respondent Doris T. Friedman, to substitute Laura Friedman, as the administrator of the estate of Doris T. Friedman, for the deceased respondent, Doris T. Friedman, to amend the captions accordingly, and to direct that the appeals be recalendared for oral argument.
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, Laura Friedman, as the administrator of the estate of Doris T. Friedman, is substituted for the deceased respondent, Doris T. Friedman, the captions are amended accordingly, the stay which arose upon the death of the deceased respondent Doris T. Friedman is vacated, and the appeals will be recalendared for oral argument; and it is further,
ORDERED that on or before June 16, 2023, Laura Friedman shall advise this Court in writing of the appearance of counsel retained to represent her as the administrator of the estate of Doris T. Friedman, and whether the briefs previously filed by Doris T. Friedman will be adopted, or the briefs previously filed by Doris T. Friedman will be stricken.
DILLON, J.P., BARROS, WOOTEN and ZAYAS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court