Opinion
Motion No: NOS. CA 12-00175 CA 12-00176
05-23-2012
EVELYN SONNELITTER, GARY SONNELITTER, INDIVIDUALLY AND AS SUCCESSOR TRUSTEE, AND SONNELITTER FAMILY TRUST, PLAINTIFFS-APPELLANTS-RESPONDENTS, v. JOSEPH WHITE, INDIVIDUALLY AND AS FORMER TRUSTEE OF THE SONNELITTER FAMILY TRUST, DEFENDANT-RESPONDENT-APPELLANT, CAROL ALABISO, GERALD MCCLAIN WHITLEY AND MCCLAIN PROPERTIES, LLC, DEFENDANTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellants having moved to substitute as plaintiff the Estate of Evelyn Sonnelitter, Gary Sonnelitter, Executor, on the appeals taken from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on May 26, 2011, and July 26, 2011,
Now, upon reading and filing the affirmation of Tammy L. Riddle, Esq., dated April 17, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed with leave to renew after the letters of administration have been granted.
Frances E. Cafarell, Clerk