| Rodriguez v D'Ayala |
| Motion No: 2016-10156 |
| Slip Opinion No: 2025 NY Slip Op 67507(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
M304656
AFA/
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
LOURDES M. VENTURA
JAMES P. MCCORMACK, JJ.
|
2016-10156 Jose G. Rodriguez, respondent, v Marcus D'Ayala, et al., defendants, Leonard Y. Lee, appellant. (Index No. 11460/2010)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated July 28, 2016. Motion by the appellant to vacate the stay that arose upon the death of the respondent Jose G. Rodriguez, in effect, to substitute Sol Angel Mendez Matias, as executor of the estate of Jose G. Rodriguez, for the deceased respondent, Jose G. Rodriguez, to amend the caption accordingly, and to extend the time to perfect the appeal.
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 of administration appointing an administrator for the estate of the deceased respondent Jose G. Rodriguez.
DILLON, J.P., CHAMBERS, VENTURA and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court