Appellate Division: Second Judicial Department

M311227

ID/

LARA J. GENOVESI, J.P.

CHERYL E. CHAMBERS

LILLIAN WAN

PHILLIP HOM, JJ.

2023-04531 Directional Lending, LLC, appellant, v Michelle A. Botsch, as preliminary executor of the estate of Salvatore Guerrera, et al., respondents, et al., defendant. (Index No. 616091/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated April 18, 2023. Motion by the appellant to substitute Michelle A. Botsch, as the preliminary executor of the estate of Salvatore Guerrera, for the deceased respondent Salvatore Guerrera, to amend the caption accordingly, and to vacate the stay that arose upon the death of the respondent Salvatore Guerrera.

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, Michelle A. Botsch, as the preliminary executor of the estate of Salvatore Guerrera is, substituted for the deceased respondent, Salvatore Guerrera, the caption is amended accordingly, and the stay which arose upon the death of the deceased respondent Salvatore Guerrera is vacated; and it is further,

ORDERED that on the Court's own motion, the time for the respondents to serve and file a brief is extended, and on or before March 13, 2026, the respondents shall serve and file the respondents' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

GENOVESI, J.P., CHAMBERS, WAN and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court