Estate of John Eason v Lisa Eason
Motion No: 2023-00388 NC
Slip Opinion No: 2025 NY Slip Op 66345(U)
Decided on April 4, 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.


Appellate Term of the Supreme Court

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

2023-388 N C
Estate of John Eason, Appellant, v Lisa Eason, Respondent.

Appeal from an order of the District Court of Nassau County, First District, entered February 21, 2023. This court was advised that there was no appointed fiduciary for the Estate of John Eason as the preliminary letters testamentary expired on February 21, 2024. By Decision and Order on Motion dated January 23, 2025, on the court's own motion, the parties were directed to "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."

Now, upon the order to show cause and the papers filed in opposition thereto, it is

ORDERED that the appeal is dismissed, as no substitution has been made for the deceased petitioner (see CPLR 1021).

ENTER:

Paul Kenny

Chief Clerk