| Davis v Bombara |
| Motion No: 2022-02237 |
| Slip Opinion No: 2025 NY Slip Op 67453(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
M304658
AFA/
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
LOURDES M. VENTURA
JAMES P. MCCORMACK, JJ.
|
2022-02237 Frank Davis, etc., respondent, v Robert George Bombara, etc., appellant, et al., defendant. (Index No. 506298/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated March 4, 2022.
Motion by the appellant, in effect, to vacate the automatic stay that arose upon the death of the respondent Frank Davis, former executor of the estate of Lilian Emsile, to substitute Priscilla Bayer as executor of the estate of Lilian Emsile, for the deceased respondent, Frank Davis, former executor of the estate of Lilian Emsile, 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 denied without prejudice to renew upon proper papers, including permanent letters testamentary appointing an executor of the estate of the deceased respondent.
DILLON, J.P., CHAMBERS, VENTURA and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court