| Elite Promotion Systems, Inc. v State of New York |
| Motion No: 2020-05057 |
| Slip Opinion No: 2024 NY Slip Op 76446(U) |
| Decided on October 16, 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. |
Appellate Division: Second Judicial Department
M299962
KS/
JOSEPH J. MALTESE, J.P.
HELEN VOUTSINAS
LILLIAN WAN
DONNA-MARIE E. GOLIA, JJ.
|
2020-05057 Elite Promotion Systems, Inc., appellant, v State of New York, respondent. (Index No. 124818)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Court of Claims dated May 28, 2020. Motion by Yasmin Akhtar Malik, as executor of the estate of Mohammad A. Malik, to be substituted for Mohammad A. Malik, the deceased sole shareholder and officer of the appellant, and to vacate the stay that arose upon the death of Mohammad A. Malik.
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 branch of the motion which is to be substituted for Mohammad A. Malik, the deceased sole shareholder and officer of the appellant, is denied as unnecessary as Mohammad A. Malik is not a party (see CPLR 1015[a]); and it is further,
ORDERED that the branch of the motion which is to vacate the stay that arose upon the death of Mohammad A. Malik is granted, and the stay which arose upon the death of Mohammad A. Malik is vacated (see EPTL 11-1.1[b][14]).
MALTESE, J.P., VOUTSINAS, WAN and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court