Dipolito v State of New York
Motion No: 2023-06896
Slip Opinion No: 2024 NY Slip Op 77042(U)
Decided on October 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

M300186

KS/

MARK C. DILLON, J.P.

PAUL WOOTEN

JANICE A. TAYLOR

JAMES P. MCCORMACK, JJ.

2023-06896

Jeanne E. Dipolito, as executor of the estate

of Thomas J. Dipolito, et al., appellants,

v State of New York, respondent.

(Claim No. 130965)

DECISION & ORDER ON MOTION

Appeal from an order of the Court of Claims dated March 13, 2023. Motion by Jeanne E. Dipolito, as executor of the estate of Thomas J. Dipolito, to be substituted for the deceased appellant Thomas J. Dipolito, to amend the caption accordingly, and to vacate the stay that arose upon the death of the deceased appellant Thomas J. Dipolito.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, Jeanne E. Dipolito, as executor of the estate of Thomas J. Dipolito, is substituted for the deceased appellant Thomas J. Dipolito, the caption is amended accordingly, and the stay which arose upon the death of the deceased appellant Thomas J. Dipolito is vacated

DILLON, J.P., WOOTEN, TAYLOR and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court