| Dispensa v Medical Diagnostic Imaging, PLLC |
| Motion No: 2023-08028 |
| Slip Opinion No: 2025 NY Slip Op 73401(U) |
| Decided on July 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
M306786
AFA/
CHERYL E. CHAMBERS, J.P.
PAUL WOOTEN
BARRY E. WARHIT
PHILLIP HOM, JJ.
|
2023-08028 Frank Dispensa, individually and as executor of the estate of Kathy Dispensa, respondent, v Medical Diagnostic Imaging, PLLC, et al., appellants. (Index No. 53685/2019)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Dutchess County, dated June 15, 2023. Motion by the respondent Frank Dispensa to be subsituated as the executor of the estate of Kathy Dispensa, for the deceased respondent Kathy Dispensa, to amend the caption accordingly, and to vacate the stay that arose upon the death of the respondent Kathy Dispensa.
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, Frank Dispensa, as the executor of the estate of Kathy Dispensa is substituted for the deceased respondent, Kathy Dispensa, the caption is amended accordingly, and the stay which arose upon the death of the deceased respondent Kathy Dispensa is vacated.
CHAMBERS, J.P., WOOTEN, WARHIT and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court