| Etienne v Lubin |
| Motion No: 2023-06722 |
| Slip Opinion No: 2025 NY Slip Op 67754(U) |
| Decided on April 30, 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
M304713
AFA/
ANGELA G. IANNACCI, J.P.
PAUL WOOTEN
BARRY E. WARHIT
DONNA-MARIE E. GOLIA, JJ.
|
2023-06722, 2023-06992 Syndie Etienne, et al., respondents, v Baptista Lubin, appellant. (Index No. 507909/2022)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Supreme Court, Kings County, both dated April 19, 2023. Motion by the respondent Jean Millien to dismiss the appeals pursuant to CPLR 1021 for failure to timely substitute a personal representative for the deceased respondent Erica Lively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
IANNACCI, J.P., WOOTEN, WARHIT and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court