Supreme Court of the State of New York, Appellate Division : Second Judicial Department

April 29, 2026

2024-04438

Angela G. Iannacci, J.P.

Linda Christopher

Lillian Wan

James P. McCormack, JJ.

[*1]

DECISION & ORDER ON MOTION

2025-09105

In the Matter of Claire Pearce, also known

as Claire Antoinette Pearce, deceased.

Holly Pearce, respondent; Michael Pearce,

appellant.

(File No. 2735/2019)

Appeals from two orders of the Surrogate's Court, Kings County, dated March 14, 2024, and April 28, 2025. The appeal from the order dated March 14, 2024, was determined by decision and order of this Court dated February 18, 2026. Motion by the appellant for leave to reargue the appeal from the order dated March 14, 2024, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. Motion by the respondent to dismiss the appeal from the order dated April 28, 2025, on the ground that it has been rendered academic.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion by the appellant for leave to reargue the appeal from the order dated March 14, 2024, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court is denied, with $100 costs; and it is further,

ORDERED that the motion by the respondent is granted, and the appeal from the order dated April 28, 2025, is dismissed, without costs or disbursements.

IANNACCI, J.P., CHRISTOPHER, WAN and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court