Opinion
Motion No. 2022-00230 Index No. 59662/2019
07-05-2023
Barbara J. Allen and Melissa Stapleford, as co-executors of the estate of Judith M. Allen, et al., appellants, v. Yertle Operations, LLC, etc., et al., respondents.
Unpublished Opinion
MOTION DECISION
FRANCESCA E. CONNOLLY, J.P., CHERYL E. CHAMBERS, LINDA CHRISTOPHER, LARA J. GENOVESI, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Westchester County, dated December 8, 2021. Motion by Barbara J. Allen and Melissa Stapleford, as co-executors of the estate of Judith M. Allen, and the plaintiff-appellant Jose Dos Santos to substitute Barbara J. Allen and Melissa Stapleford, as co-executors of the estate of Judith M. Allen, for the deceased appellant, Judith M. Allen, to amend the caption accordingly, and to vacate the stay that arose upon the death of the deceased appellant, Judith M. Allen.
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, Barbara J. Allen and Melissa Stapleford, as co-executors of the estate of Judith M. Allen, are substituted for the deceased appellant, Judith M. Allen, the caption is amended accordingly, and the stay which arose upon the death of the deceased appellant, Judith M. Allen, is vacated; and it is further, ORDERED that on the Court's own motion, on or before August 4, 2023, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.
CONNOLLY, J.P., CHAMBERS, CHRISTOPHER and GENOVESI, JJ., concur.