`INDEX NO. 601502/2015
`FILED: SUFFOLK COUNTY CLERK 03/20/2018 11:33 AM
`
`
`
`
`
`N SCEF DOC. NO. 16
`RaCaIV«.D NYSCEF: 03/20/2018
`NYSCEF DOC. NO. 16
`RECEIVED NYSCEF: 03/20/2018
`
`HORT FORM ORDER
`INDEX ‘10: 601502/15
`
`Supreme Court of the State of New York
`IAS Part 43 - County of Suffolk
`
`PRESENT: Hon. ARTHUR G. PITTS
`
`
`DAVID J. FITZGIBBON,
`
`Plaintiff,
`
`- against-
`
`JOPAL ST. JAMES, LLC d/b/a MILLS
`POND NURSING AND
`REHABILITATION CENTER,
`
`Defendant(s).
`
`ORIG. RETURN DATE: 12/21/17
`ADJOURNED DATE:
`12/21/17
`MOTION SEQ. NO.: 001 - MotD
`
`PLTF'S/PET'S ATTY:
`DAVID GROSSMAN & ASSOCIATES, PLLC
`
`“3 Main Street
`Huntlngton, NY 11743
`DEFT'S/RESP'S ATTY:
`WILSON, ELSER, MOSKOWITZ, LLP
`1133 Westchester Avenue
`White Plains, NY 10604
`
`Upon the following papers numbered 1 to 6_ read on this motion to remove stay Notice of Motion and supporting papers _
`l_-6 Notice of Cross-Motion and supporting papers_ Affinnation/affidavitIn opposnion and supporting papers__Affin11ation/affidavit
`in reply and supporting papers_0ther_;(md1fier-hmngvmmd1rsummrtof1nd—opposcdto+hrmofionfi it is,
`
`ORDERED that the motion of J0 Ann Clerkin, as Executrix ofthe Estate of David J. Fitzgibbon for
`an order permitting her to be the substituted as plaintiff in the above captioned matter in the stead of
`plaintiff David J. Fitzgibbon, Deceased, is granted under the circumstances presented herein. (CPLR 1015
`(a); 1021 ) It is further
`
`ORDERED that the caption of the above entitled action is directed to be amended to reflect such
`substitution. It is further
`
`ORDERED that the plaintiff shall serve and file its supplemental summons and amended verified
`complaint within twenty (20) days from service of a copy of this order with notice of entry. It is further
`
`ORDERED that a preliminary conference is directed to be held on May 24, 2018.
`
`This shall constitute the decision and order of the Court.
`
`So ordered.
`Dated: Riverhead, New York
`March 12, 2018
`
`4““
`’ Z fig.—
`~
`‘
`ARTHUR G. PITTS, J.S.C.
`
`CHECK ONE:
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`FlNAL DlSPOSlTION
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`XX NON-FINAL DISPOSITION
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`lofl
`1 of 1
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