Appellate Division: Second Judicial Department

M294247

AFA/

BETSY BARROS, J.P.

LINDA CHRISTOPHER

DEBORAH A. DOWLING

JANICE A. TAYLOR, JJ.

2019-12623 Michael J. Golia, etc., appellant, v Jeffrey Vieira, etc., et al., respondents, et al., defendant. (Index No. 702457/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated October 1, 2019.

Motion by appellant to substitute Jane Levey, as the administrator of the estate of Robert Levey, for the deceased respondent Robert Levey, to amend the caption accordingly, and to vacate the stay that arose upon the death of the respondent Robert Levey. Cross-motion by the respondents to dismiss the appeal pursuant to CPLR 1021 for failure to timely substitute a personal representative for the deceased respondent Robert Levey. Motion by the respondents to extend the time to serve and file a brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto and upon the papers filed in support of the cross-motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by the appellant is granted, Jane Levey, as the administrator of the estate of Robert Levey is substituted for the deceased respondent Robert Levey, the caption is amended accordingly, and the stay which arose upon the death of the deceased respondent Robert Levey is vacated; and it is further,

ORDERED that the cross-motion is denied; and it is further,

ORDERED that the motion by the respondents is granted, and on or before March 18, 2024, the respondents shall serve and file the respondents' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

BARROS, J.P., CHRISTOPHER, DOWLING and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court