Bayer v Bombara
Motion No: 2022-02237
Slip Opinion No: 2025 NY Slip Op 71327(U)
Decided on June 23, 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

M306057

AFA/

VALERIE BRATHWAITE NELSON, J.P.

WILLIAM G. FORD

HELEN VOUTSINAS

LAURENCE L. LOVE, JJ.

2022-02237

Priscilla Bayer, as executor of the estate

of Lilian Emslie, 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 tosubstitute Priscilla Bayer, as the executor of the estate of Lilian Emslie, for the deceased respondent Frank Davis, as the executor of the estate of Lilian Emslie, to amend the caption accordingly, and to vacate the stay that arose upon the death of the respondent Frank Davis, as the executor of the estate of Lilian Emslie.

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, Priscilla Bayer, as the executor of the estate of Frank Davis is, substituted for the deceased respondent, Frank Davis, as the executor of the estate of Lilian Emslie, the caption is amended accordingly, and the stay which arose upon the death of the deceased respondent Frank Davis, as the executor of the estate of Lilian Emslie, is vacated.

BRATHWAITE NELSON, J.P., FORD, VOUTSINAS and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court