Appellate Division: Second Judicial Department

M308443

AFA/

COLLEEN D. DUFFY, J.P.

VALERIE BRATHWAITE NELSON

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2024-12378 Stephen Weingrad, appellant, v Robin Winter, et al., respondents. (Index No. 71953/2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated October 3, 2024. Motion by the appellant to substitute Robin Winter as executor of the estate of Maureen L. Blitman, for the deceased respondent Maureen L. Blitman, to amend the caption accordingly, and for a preference in the calendaring of 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 branches of the motion which are to substitute Robin Winter as executor of the estate of Maureen L. Blitman, for the deceased respondent Maureen L. Blitman and to amend the caption accordingly, are denied, without prejudice to renew upon proper papers, including permanent letters testamentary appointing an executor of the estate of the deceased respondent; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied without prejudice to renew upon a renewed motion to substitute an estate representative for the deceased respondent supported by proper papers.

DUFFY, J.P., BRATHWAITE NELSON, WARHIT and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court