Opinion
2021-75617 Motion 2019-02106 2019-02107 2020-00988
12-08-2021
ARCPE 1, LLC, respondent, v. Dominique M. DeBrosse, et al., appellants, et al., defendants. Index No. 8024/2016
Unpublished Opinion
MOTION DECISION
ROBERT J. MILLER, J.P. BETSY BARROS VALERIE BRATHWAITE NELSON PAUL WOOTEN, JJ.
DECISION & ORDER ON MOTION
Appeals from an order and a decision of the Supreme Court, Nassau County, both entered December 12, 2018, and an order and judgment (one paper) of the same court entered November 21, 2019. Motion by the respondent pursuant to CPLR 1015 to substitute James DeBrosse, as the administrator of the estate of Gerard DeBrosse, for the deceased appellant, Gerard DeBrosse, and to amend the caption accordingly.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the respondent's motion is granted, James DeBrosse, as the administrator of the estate of Gerard DeBrosse, is substituted for the deceased appellant, Gerard DeBrosse, and the caption is amended accordingly; and it is further, ORDERED that on the Court's own motion, the order to show cause of this Court dated July 28, 2020, is amended by deleting from the first decretal paragraph thereof the date "August 28, 2020," and substituting therefor the date January 7, 2022; and it is further, ORDERED that the Clerk of the Court, or her designee, shall serve copies of the order to show cause as well as this decision and order on motion upon the parties to the appeals, including James DeBrosse, as the administrator of the estate of Gerard DeBrosse, by regular mail; and it is further, ORDERED that on or before January 7, 2022, James DeBrosse, as the administrator of the estate of Gerard DeBrosse, shall retain counsel and notify this Court, in writing, via email at AD2-ClerksOffice@nycourts.gov of counsel's name and contact information, or the appeal by James DeBrosse, as the administrator of the estate of Gerard DeBrosse, will be dismissed, without further notice.
MILLER, J.P., BARROS, BRATHWAITE NELSON and WOOTEN, JJ., concur.