Holian v City of Long Beach
Motion No: 2021-06312
Slip Opinion No: 2024 NY Slip Op 73174(U)
Decided on August 23, 2024
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M298702

AFA/

FRANCESCA E. CONNOLLY, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

HELEN VOUTSINAS, JJ.

2021-06312

Kevin Holian, et al., respondents,

v City of Long Beach, et al., appellants,

et al., defendant.

(Index No. 612490/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated August 3, 2021. Motion by the respondents to substitute Nassau County Public Administrator, as the administrator of the estate of Michael Tangney, for the deceased appellant Michael Tangney, to amend the caption accordingly, and to vacate the stay which arose upon the death of the deceased appellant Michael Tangney. Joint application to withdraw the appeal.

Upon the papers filed in support of the motion and the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, Nassau County Public Administrator, as the administrator of the estate of Michael Tangney, is substituted for the deceased appellant Michael Tangney, the caption is amended accordingly, and the stay which arose upon the death of the deceased appellant Michael Tangney, is vacated; and it is further,

ORDERED that on or before September 23, 2024, Nassau County Public Administrator shall advise this Court in writing of the appearance of counsel retained to represent Nassau County Public Administrator, as the administrator of the estate of Michael Tangney, and whether the estate adopts the brief previously filed on behalf of Michael Tangney or his appearance will be stricken from the brief; and it is further,

ORDERED that the application is denied without prejudice to renew upon proper papers, including a stipulation signed by all parties, including Nassau County Public Administrator, as the administrator of the estate of Michael Tangney, or their attorneys (see 22 NYCRR 1250.2[b][2]), or evidence demonstrating that Bond, Schoeneck & King, PLLC is authorized to act on behalf of the deceased appellant's estate.

CONNOLLY, J.P., CHRISTOPHER, WARHIT and VOUTSINAS, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court