Appellate Division: Second Judicial Department

M306242

AFA/

ANGELA G. IANNACCI, J.P.

DEBORAH A. DOWLING

BARRY E. WARHIT

LAURENCE L. LOVE, JJ.

2023-12433 Aristocrat Plastic Surgery, P.C., appellant, v Anne P. Edelman, individually and as executor of the estate of Scott Edelman, respondent. (Index No. 603824/2023)

DECISION & ORDER ON MOTION

2024-03652

Aristocrat Plastic Surgery, P.C., appellant,

v Anne P. Edelman, individually and as

executor of the estate of Scott Edelman,

respondent.

(Index No. 603824/2023)

Appeals from an order of the Supreme Court, Nassau County, dated December 1, 2023, and from a judgment of the same court dated January 4, 2024. Motion by the appellant to substitute Anne P. Edelman, as the executor of the estate of Scott Edelman, for the deceased respondent Scott Edelman, to amend the captions accordingly, to vacate the stay that arose upon the death of the respondent Scott Edelman, and to extend the time to perfect the appeals. Cross-motion by the respondent Anne P. Edelman, inter alia, to dismiss the appeals pursuant to CPLR 1021 for failure to timely substitute a personal representative for the deceased respondent Scott Edelman.

Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to substitute Anne P. Edelman, as the executor of the estate of Scott Edelman, for the deceased respondent Scott Edelman, to amend the caption accordingly, and to vacate the stay that arose upon the death of the respondent Scott Edelman are granted, Anne P. Edelman, as the executor of the estate of Scott Edelman, is substituted for the deceased respondent, Scott Edelman, the caption is amended accordingly, and the stay which arose upon the death of the deceased respondent Scott Edelman, is vacated; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeals is granted, and on or before August 29, 2025, the appellant shall serve and file the records or appendices and the appellant's briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the records or appendices and the appellant's briefs and upload digital copies of the records or appendices and the appellant's briefs, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the cross-motion is denied.

IANNACCI, J.P., DOWLING, WARHIT and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court