Clendeninn v Young
Motion No: 2024-06481
Slip Opinion No: 2025 NY Slip Op 67451(U)
Decided on April 25, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M304654

AFA/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LOURDES M. VENTURA

JAMES P. MCCORMACK, JJ.

2024-06481

Neil Clendeninn, plaintiff-respondent,

v Dawn H. Young, as administrator of the

estate of Steven W. Young, et al., appellants,

D. Katen Fire Island Properties, Ltd.,

defendant-respondent.

(Index No. 609056/2021)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Suffolk County, dated March 19, 2024. Motion by Dawn H. Young, in effect, to vacate the stay that arose upon the death of the appellant Steven W. Young, to substitute Dawn H. Young, as the administrator of the estate of Steven W. Young, as the appellant, and to amend the caption accordingly.

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, Dawn H. Young, as the administrator of the estate of Steven W. Young is substituted for the deceased appellant, Steven W. Young, the caption is amended accordingly, and the stay which arose upon the death of the deceased appellant Steven W. Young, is vacated; and it is further,

ORDERED that on the Court's own motion, the time to perfect the appeal is extended, and on or before May 27, 2025, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., CHAMBERS, VENTURA and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court