| BH Sterling Realty LLC v Longoria |
| Motion No: 2024-09101 |
| Slip Opinion No: 2026 NY Slip Op 62553(U) |
| Decided on February 18, 2026 |
| Appellate Division, 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 Division: Second Judicial Department
M311293
ID/
VALERIE BRATHWAITE NELSON, J.P.
LINDA CHRISTOPHER
LOURDES M. VENTURA
DONNA-MARIE E. GOLIA, JJ.
|
2024-09101 BH Sterling Realty LLC, appellant, v Louise Longoria, et al., defendants, S3 RE Funding III LLC, et al., respondents. (Index No. 515289/2023)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated December 7, 2023. Motion by the respondents, inter alia, in effect, to dismiss the appeal pursuant to CPLR 1021 for failure to timely substitute a personal representative for the deceased defendant Elaine Jones, or, in the alternative, to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal pursuant to CPLR 1021 for failure to timely substitute a personal representative for the deceased defendant Elaine Jones, is denied; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a brief is is denied as unnecessary as the respondent's brief has been timely served and filed; and it is further,
ORDERED that the motion is otherwise denied.
BRATHWAITE NELSON, J.P., CHRISTOPHER, VENTURA and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court