Leake v Romowners, Inc.
Motion No: 2024-04332
Slip Opinion No: 2025 NY Slip Op 82511(U)
Decided on December 17, 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

M310112

AFA/

ANGELA G. IANNACCI, J.P.

PAUL WOOTEN

DEBORAH A. DOWLING

JAMES P. MCCORMACK, JJ.

2024-04332

Henry Leake, et al., appellants,

v Romowners, Inc., etc., et al., respondents,

et al., defendant.

(Index No. 52199/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Dutchess County, dated January 18, 2024. Motion by the respondents to amend the caption to reflect that the defendant Jim Foy is not a respondent to the appeal, to substitute Elizabeth Hedgecock, as administrator of the estate of Larry Hughes, for the deceased defendant Larry Hughes, to substitute Andrew S. Ferraro, as administrator of the estate of Andrew Ferraro, for the deceased defendant Andrew Ferraro, to amend the caption accordingly, and to strike stated portions of the appellant's reply brief.

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

ORDERED that the branch of the motion which is to amend the caption to reflect that defendant Jim Foy is not a respondent to the appeal is granted; and it is further,

ORDERED that the branches of the motion which are to substitute Elizabeth Hedgecock, as administrator of the estate of Larry Hughes, for the deceased defendant Larry Hughes, and to substitute Andrew S. Ferraro, as administrator of the estate of Andrew Ferraro, for the deceased defendant Andrew Ferraro, and to amend the caption accordingly, are denied as unnecessary as Elizabeth Hedgecock, as administrator of the estate of Larry Hughes, and Andrew S. Ferraro, as administrator of the estate of Andrew Ferraro, were substituted for the deceased defendants Larry Hughes and Andrew Ferraro, respectively, by the Supreme Court prior to the issuance of the order dated January 18, 2024; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the appellants' reply brief is denied.

IANNACCI, J.P., WOOTEN, DOWLING and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court