| Estate of John Eason v Lisa Eason |
| Motion No: 2023-00388 NC |
| Slip Opinion No: 2025 NY Slip Op 61798(U) |
| Decided on January 23, 2025 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th Judicial Districts
JERRY GARGUILO, P.J.
GRETCHEN WALSH
JOSEPH R. CONWAY, JJ.
DECISION & ORDER ON MOTION
| Estate of John Eason, Appellant, v Lisa Eason, Respondent. |
Appellant, "Estate of John Eason," having appealed to this court from an order of the District Court of Nassau County, First District, dated February 21, 2023, and this court having been advised that there is no appointed fiduciary of the Estate of John Eason, the preliminary letters testamentary having expired on February 21, 2024.
Now, on the court's own motion, it is,
ORDERED that the parties to the appeal, or their attorneys, show cause before this court why an order should or should not be made dismissing this appeal by filing an affidavit or affirmation on that issue with the Clerk of this court on or before February 27, 2025; and it is further,
ORDERED that the Clerk or his designee shall send a copy of this order to show cause to the attorneys for the respective parties by regular mail.
"Legal proceedings for or against an estate may only be prosecuted by or against a personal representative of the estate, in a representative capacity. A personal representative is a person who has received letters to administer the estate of a decedent" (Greene v Kevin D. Greene, LLC, 188 AD3d 1012, 1014 [2020] [internal quotation marks and citations omitted]). An estate, on its own, does not have capacity to prosecute an action or proceeding. "A motion for substitution may be made by the successors or representatives of a party or by any party" and "may be made in either the court from or to which an appeal could be or is taken, or the court of original instance" (CPLR 1021).
ENTER:
Paul Kenny
Chief Clerk