Opinion
Motion No. 2020-04382 Index No. 67980/2016
02-22-2023
Thomas J. Fitzpatrick, as executor of the estate of Eileen Fitzpatrick, appellant, v. Affairs & Banquets Floral Services, Inc., etc., et al., respondents.
Unpublished Opinion
MOTION DECISION
M287484 AFA/
VALERIE BRATHWAITE NELSON, J.P. CHERYL E. CHAMBERS DEBORAH A. DOWLING BARRY E. WARHIT, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Westchester County, dated April 30, 2020. Motion by Thomas J. Fitzpatrick, as executor of the estate of Eileen Fitzpatrick, to be substituted for the deceased appellant Eileen Fitzpatrick, to amend the caption accordingly, and to vacate the stay that arose upon the death of the deceased appellant Eileen Fitzpatrick.
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, Thomas J. Fitzpatrick, as executor of the estate of Eileen Fitzpatrick is substituted for the deceased appellant Eileen Fitzpatrick, the caption is amended accordingly, and the stay which arose upon the death of the deceased appellant Eileen Fitzpatrick, is vacated.
BRATHWAITE NELSON, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur.