| ARCPE 1, LLC v DeBrosse |
| Motion No: 2019-02106 |
| Slip Opinion No: 2021 NY Slip Op 75617(U) |
| Decided on December 8, 2021 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M280443
E/sl
ROBERT J. MILLER, J.P.
BETSY BARROS
VALERIE BRATHWAITE NELSON
PAUL WOOTEN, JJ.
|
2019-02106, 2019-02107, 2020-00988 ARCPE 1, LLC, respondent, v Dominique M. DeBrosse, et al., appellants, et al., defendants. (Index No. 8024/2016)
| DECISION & ORDER ON MOTION |
Appeals from an order and a decision of the Supreme Court, Nassau County, both entered December 12, 2018, and an order and judgment (one paper) of the same court entered November 21, 2019. Motion by the respondent pursuant to CPLR 1015 to substitute James DeBrosse, as the administrator of the estate of Gerard DeBrosse, for the deceased appellant, Gerard DeBrosse, and to amend the caption accordingly.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the respondent's motion is granted, James DeBrosse, as the administrator of the estate of Gerard DeBrosse, is substituted for the deceased appellant, Gerard DeBrosse, and the caption is amended accordingly; and it is further,
ORDERED that on the Court's own motion, the order to show cause of this Court dated July 28, 2020, is amended by deleting from the first decretal paragraph thereof the date "August 28, 2020," and substituting therefor the date January 7, 2022; and it is further,
ORDERED that the Clerk of the Court, or her designee, shall serve copies of the order to show cause as well as this decision and order on motion upon the parties to the appeals, including James DeBrosse, as the administrator of the estate of Gerard DeBrosse, by regular mail; and it is further,
ORDERED that on or before January 7, 2022, James DeBrosse, as the administrator of the estate of Gerard DeBrosse, shall retain counsel and notify this Court, in writing, via email at [email protected] of counsel's name and contact information, or the appeal by James DeBrosse, as the administrator of the estate of Gerard DeBrosse, will be dismissed, without further notice.
MILLER, J.P., BARROS, BRATHWAITE NELSON and WOOTEN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court