Opinion
DOCKET NO. CA 12-00175 CA 12-00176
04-15-2013
THE ESTATE OF EVELYN SONNELITTER, DECEASED, GARY SONNELITTER, EXECUTOR, 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.
John J. Keenan, Esq., having moved to substitute the estate of Joseph White, deceased, Carol Alabiso, executor, for Joseph White, individually and as former trustee of the Sonnelitter Family Trust, on the appeals taken herein from an order and a judgment of 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 affidavit of John J. Keenan, Esq., sworn to March 6, 2013, 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 for the estate of Joseph White, deceased, Carol Alabiso, executor, to make a new motion for the same relief that includes proof that the attorney making the motion is the attorney for the estate of Joseph White, deceased, Carol Alabiso, executor (see CPLR 1021; Hemphill v Rock, 87 AD2d 836; Hyman v Booth Mem. Hosp., 306 AD2d 438).
Frances E. Cafarell, Clerk