| Etr, Inc., Doing Bus. As Empire Tax Reductions v Alberto Capone & Lina Capone |
| Motion No: 2022-00365 NC |
| Slip Opinion No: 2024 NY Slip Op 74566(U) |
| Decided on September 16, 2024 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th Judicial Districts
JERRY GARGUILO, P.J.
GRETCHEN WALSH
ELENA GOLDBERG-VELAZQUEZ, JJ.
DECISION & ORDER ON MOTION
| ETR, Inc., Doing Business as Empire Tax Reductions, Appellant, v Alberto Capone and Lina Capone, Respondents. |
Motion by appellant to substitute Lina Capone as Executor of the Estate of deceased respondent Albert Capone for the deceased respondent Albert Capone, and to amend the caption accordingly.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted and Lina Capone as Executor of the Estate of Albert Capone is substituted for respondent Albert Capone and the caption will be amended accordingly; and it is further,
ORDERED, on the court's own motion, that the appeal is restored to the general calendar and that the substituted party is directed to serve and file its respondent's brief within 30 days of the date of this decision and order on motion; and it is further,
ORDERED that appellant may, if they be so advised, serve and file a reply brief within 10 days of service upon them of the substituted party's respondent's brief.
ENTER:
Paul Kenny
Chief Clerk