Appellate Division: Second Judicial Department

M289860

AFA/

FRANCESCA E. CONNOLLY, J.P.

CHERYL E. CHAMBERS

LINDA CHRISTOPHER

LARA J. GENOVESI, JJ.

2022-00230 Barbara J. Allen and Melissa Stapleford, as co-executors of the estate of Judith M. Allen, et al., appellants, v Yertle Operations, LLC, etc., et al., respondents. (Index No. 59662/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated December 8, 2021. Motion by Barbara J. Allen and Melissa Stapleford, as co-executors of the estate of Judith M. Allen, and the plaintiff-appellant Jose Dos Santos to substitute Barbara J. Allen and Melissa Stapleford, as co-executors of the estate of Judith M. Allen, for the deceased appellant, Judith M. Allen, to amend the caption accordingly, and to vacate the stay that arose upon the death of the deceased appellant, Judith M. Allen.

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, Barbara J. Allen and Melissa Stapleford, as co-executors of the estate of Judith M. Allen, are substituted for the deceased appellant, Judith M. Allen, the caption is amended accordingly, and the stay which arose upon the death of the deceased appellant, Judith M. Allen, is vacated; and it is further,

ORDERED that on the Court's own motion, on or before August 4, 2023, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.

CONNOLLY, J.P., CHAMBERS, CHRISTOPHER and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court