| 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. |
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