| Matter of C. (Anonymous), Ella |
| Motion No: 2022-00076 |
| Slip Opinion No: 2024 NY Slip Op 79386(U) |
| Decided on December 2, 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
M301136
AFA/
ROBERT J. MILLER, J.P.
DEBORAH A. DOWLING
JANICE A. TAYLOR
JAMES P. MCCORMACK, JJ.
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2022-00076 In the Matter of Ella C. (Anonymous). Kermit C. (Anonymous), et al., petitioners-respondents; Ella C. (Anonymous), respondent-appellant. (Index No. 100016/2011)
| DECISION & ORDER ON MOTION |
Appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated December 2, 2020. Motion by Cindy C., as preliminary executor of the estate of Ella C., inter alia, to vacate the stay that arose upon the death of the appellant Ella C., to substitute Cindy C., as the preliminary executor of the estate of Ella C., as the appellant, to amend the caption accordingly, and to extend the time to perfect the appeal.
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 motion is denied without prejudice to renew, upon proper papers, including letters testamentary appointing an executor for the estate of the deceased appellant Ella C.
MILLER, J.P., DOWLING, TAYLOR and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court