| U.S. Bank, National Association v Benjamin |
| Motion No: 2019-11144 |
| Slip Opinion No: 2025 NY Slip Op 64998(U) |
| Decided on March 19, 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
M303677
AFA/
LARA J. GENOVESI, J.P.
DEBORAH A. DOWLING
JANICE A. TAYLOR
PHILLIP HOM, JJ.
|
2019-11144 U.S. Bank, National Association, etc., respondent-appellant, v Chittra Benjamin, individually and as administrator of the estate of David Benjamin, et al., appellant-respondent, et al, defendant. (Index No. 702189/2019)
| DECISION & ORDER ON MOTION |
Appeal and cross-appeal from an order of the Supreme Court, Queens County, dated August 28, 2019. Motion by Chittra Benjamin, as administrator of the estate of David Benjamin, to be to be substituted for the deceased appellant-respondent David Benjamin, to amend the caption accordingly, and to vacate the stay that arose upon the death of the appellant-respondent David Benjamin.
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 granted, Chittra Benjamin, as administrator of the estate of David Benjamin is substituted for the deceased appellant-respondent David Benjamin, the caption is amended accordingly, and the stay which arose upon the death of the deceased appellant-respondent David Benjamin is vacated.
GENOVESI, J.P., DOWLING, TAYLOR and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court