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

May 15, 2026

2025-08294, 509209/2022, 2025-11608

Valerie Brathwaite Nelson, J.P.

William G. Ford

Barry E. Warhit

Donna-Marie E. Golia, JJ.

[*1]

ORDER TO SHOW CAUSE

Appeals from two orders of the Supreme Court, Kings County, dated March 13, 2025, and July 31, 2025, respectively. Motion by the appellant Homeport I LLC, and nonparty Karen Fleshman, purported administrator of the estate of the appellant Jay David Fleshman, to substitute Karen Fleshman, as administrator of the estate of Jay David Fleshman, for deceased appellant Jay David Fleshman, and to amend the caption accordingly.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the parties are directed to show cause before this Court why an order should not be made and entered (1) dismissing the appeals on the ground that the notices of appeal were filed in violation of the statutory stay of proceedings which arose upon the death of the appellant Jay David Fleshman on August 23, 2024 (see CPLR 1015[a]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713); and (2) vacating the orders as nullities (see CPLR 1015; Matter of Einstoss, 26 NY2d 181), by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before June 15, 2026; and it is further,

ORDERED that the motion is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon counsel by uploading a copy of this order to show cause to the NYSCEF system.

BRATHWAITE NELSON, J.P., FORD, WARHIT and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court