Appellate Division: Second Judicial Department

M294139

AFA/

MARK C. DILLON, J.P.

BETSY BARROS

DEBORAH A. DOWLING

LILLIAN WAN, JJ.

2023-00335 Steven D'Iorio, appellant, v Barbara A. Burns Irrevocable Trust, et al., respondents. (Index No. 616696/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated August 1, 2022. Motion by the appellant, in effect, to substitute Vincent Burns, as administrator of the estate of Barbara A. Burns, for the deceased respondent Barbara A. Burns, to amend the caption accordingly, to vacate the stay that arose upon the death of the deceased respondent Barbara Burns, and to extend the time to perfect the appeal.

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 branches of the motion which are in effect, to substitute Vincent Burns, as administrator of the estate of Barbara A. Burns, for the deceased respondent Barbara A. Burns, to amend the caption accordingly, to vacate the stay that arose upon the death of the deceased respondent Barbara Burns are granted, Vincent Burns, as administrator of the estate of Barbara A. Burns is substituted for the deceased respondent Barbara A. Burns, the caption is amended accordingly, and the stay which arose upon the death of the deceased respondent Barbara A. Burns is vacated; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and on or before March 11, 2024, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., BARROS, DOWLING and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court