Opinion
Motion No: 521333
06-15-2020
ONEWEST BANK, FSB, Appellant, v. LISA M. SMITH, Respondent, et al., Defendants.
DECISION AND ORDER ON MOTION
Motion for substitution, to amend caption, for permission to serve supplemental summons and complaint, to deem substitution to be nunc pro tunc to July 15, 2015, and for further relief.
Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is
ORDERED that the motion for substitution, to amend the caption and to deem the substitution to be nunc pro tunc to July 15, 2015 is granted, without costs, to the extent that Burton Gulnick Jr., as Ulster County Commissioner of Finance as Administrator of the Estate of Lisa M. Smith, Deceased, John A. Brown, as Heir to Lisa M. Smith, and Allen B. Martin, as Heir to Lisa M. Smith, are substituted for defendant Lisa M. Smith nunc pro tunc effective July 15, 2015, and it is further
ORDERED that the motion for permission to serve a supplemental summons and complaint is denied, without costs, and without prejudice to an application for such relief being made in Supreme Court, and it is further
ORDERED that the motion for further relief is denied, without costs.
Garry, P.J., Lynch, Devine and Pritzker, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court