Belling v City of Long Beach
2026 NY Slip Op 65343(U)
April 1, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
Virginia Belling, individually and as executor of the estate of James Belling, et al., respondents- appellants,
v
City of Long Beach, appellant- respondent.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
April 1, 2026
2024-07246, 7520/2014
Mark C. Dillon, J.P.
Paul Wooten
Lourdes M. Ventura
Lisa S. Ottley, JJ.
[*1]DECISION & ORDER ON MOTION
Appeal and cross-appeal from a judgment of the Supreme Court, Nassau County, dated June 11, 2024. Motion by the respondents-appellants John A. Condon, John A. Zozzaro, Chirstopher Cunningham, Patrick Wren, Richard Bergen, Virginia Belling, Carol Condon, Margaret Zozzaro and Cheryl Bergen to substitute Virginia Belling, as the executor of the estate of James Belling, for the deceased respondent-appellant James Belling, to amend the caption accordingly, and to vacate the stay that arose upon the death of the respondent-appellant James Belling. Motion by the appellant-respondent pursuant to CPLR 1021 to dismiss the cross-appeal for failure to substitute a personal representative for the deceased respondent-appellant James Belling upon his death on February 5, 2025.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion by the respondents-appellants John A. Condon, John A. Zozzaro, Chirstopher Cunningham, Patrick Wren, Richard Bergen, Virginia Belling, Carol Condon, Margaret Zozzaro and Cheryl Bergen is granted, Virginia Belling, as the executor of the estate of James Belling, is substituted for the deceased respondent-appellant James Belling, the caption is amended accordingly, and the stay which arose upon the death of the deceased respondent-appellant James Belling is vacated; and it is further,
ORDERED that the motion by the appellant-respondent is denied; and it is further,
ORDERED that on the Court's own motion, appellant-respondent's time to perfect the appeal is extended, and on or before May 1, 2026, the appellant-respondent shall serve and file the joint record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and the appellant's brief and upload digital copies of the joint record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.
DILLON, J.P., WOOTEN, VENTURA and OTTLEY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court