| Deutsche Bank National Trust v Martinez |
| Motion No: 2020-09221 |
| Slip Opinion No: 2025 NY Slip Op 63739(U) |
| Decided on February 28, 2025 |
| 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
M303232
AFA/
ROBERT J. MILLER, J.P.
LINDA CHRISTOPHER
CARL J. LANDICINO
PHILLIP HOM, JJ.
|
2020-09221 Deutsche Bank National Trust, etc., respondent, v Analilia Martinez, et al., as administrators of the estate of Victoria Tlatelpa, appellant. (Index No. 512825/2016)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated October 27, 2020.
Motion by Analilia Martinez, Isabel E. Tlatelpa, and Horacio Tlatelpa, as the administrators of the estate of Victoria Tlatelpa, in effect, to be substituted for the deceased appellant Victoria Tlatelpa, to amend the caption accordingly, and to vacate the stay that arose upon the death of the appellant Victoria Tlatelpa. Cross-motion by the respondent to dismiss the appeal pursuant to CPLR 1021 for failure to timely substitute a personal representative for the deceased appellant Victoria Tlatelpa.
Upon the papers filed in support of the motion and the papers filed in opposition thereto and upon the papers filed in support of the cross-motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, Analilia Martinez, Isabel E. Tlatelpa and Horacio Tlatelpa, as administrators of the estate of Victoria Tlatelpa, are substituted for the deceased appellant Victoria Tlatelpa, the caption is amended accordingly, and the stay which arose upon the death of the deceased appellant Victoria Tlatelpa is vacated; and it is further,
ORDERED that the cross-motion is denied.
MILLER, J.P., CHRISTOPHER, LANDICINO and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court