DIANE SUMMERS, AS EXECUTRIX OF THE ESTATE OF JERONIMO V. LEBRON, ALSO KNOWN AS JEROME V. LEBRON, DECEASED V NORTH GATE
Motion No: CA 26-00226
Slip Opinion No: 2026 NY Slip Op 63105(U)
Decided on February 17, 2026
Appellate Division, Fourth 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.


February 17, 2026

PRESENT: LINDLEY, J.P., CURRAN, BANNISTER, AND MONTOUR, JJ.

CA 26-00226

DIANE SUMMERS, AS EXECUTRIX OF THE ESTATE OF JERONIMO V.

LEBRON, ALSO KNOWN AS JEROME V. LEBRON, DECEASED,

PLAINTIFF-RESPONDENT,

V

NORTH GATE HEALTH CARE FACILITY, NORTH GATE HEALTH CARE

FACILITY, LLC, THE MCGUIRE GROUP, INC., VESTRA SPV1, LLC,

AND VESTRA SPV2, LLC, DEFENDANTS-APPELLANTS.


Appellants having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Erie County, entered June 11, 2025,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the appeal is perfected on or before March 9, 2026.

Entered: February 17, 2026

Ann Dillon Flynn

Clerk of the Court