What did the court decide?

The appellate court affirmed the lower court’s refusal to let the petitioner move to vacate a dismissal or to file more papers, because she had abused the court process and the new papers were irrelevant.

Who is affected by this decision?

The decision affects petitioner Elisabeth Kepley and the respondents, including John Loeb Jr., by leaving the dismissal in place and denying further filings.

The dismissal and the trial court’s denial of leave to move remain in effect; the petitioner’s options for further relief are limited absent new, materially different grounds.

On what legal grounds was relief denied?

Relief was denied under CPLR 5015(a)(1) and (a)(3) because the court found no basis to vacate the dismissal and concluded additional filings were unnecessary and irrelevant given prior meritless litigation.

Can this decision be appealed further?

A further appeal to the Court of Appeals would generally require permission and is further limited; the brief does not state whether leave to appeal was sought or available.

Matter of Kepley v. Loeb

Docket Index No. 154266/25|Appeal No. 6470|Case No. 2025-06781|

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilAffirmed

Filed: Apr 23, 2026 · 1 week ago
Jurisdiction: New York
Court: Appellate Division of the Supreme Court of the State of New York
Type: Opinion
Case type: Civil
Disposition: Affirmed
Citation: 2026 NY Slip Op 02453
Docket numbers: Index No154266/25Appeal No6470Case No2025-06781

Appeal from a Supreme Court order denying petitioner leave to move under CPLR 5015(a)(1) and (3) to vacate an order dismissing the complaint and denying leave to file additional papers.

Summary

The Appellate Division, First Department affirmed a Supreme Court order that denied petitioner Elisabeth Kepley’s motion for leave to vacate a prior dismissal and denied her request to file additional papers. The court found that Kepley had previously abused the judicial process by bringing meritless litigation and that the proposed additional papers were irrelevant to the issues already decided. The First Department concluded the trial court properly exercised its discretion in refusing to permit further filings and denied the requested relief, while awarding costs to the respondents.

Issues Decided

Whether the court abused its discretion in denying leave to move to vacate a dismissal under CPLR 5015(a)(1) and (3).
Whether the court properly denied petitioner leave to file additional papers after finding prior abuse of the judicial process.
Whether the additional proposed papers were relevant to the issues decided in the order dismissing the petition.

Court's Reasoning

The appellate court held that the trial court acted within its discretion because petitioner had a history of abusing the judicial process and pursuing meritless litigation. The court found the additional papers petitioner sought to file were not relevant to the matters already decided in the prior dismissal, so allowing further submission was unnecessary. Given those findings, there was no basis to vacate the dismissal under the cited provisions.

Authorities Cited

CPLR 5015(a)(1)
CPLR 5015(a)(3)
Summit Solomon & Feldesman v Lacher212 AD2d 487 (1st Dept 1995)

Parties

Petitioner: Elisabeth Kepley Also Known as Frances Lehman Loeb
Respondent: John Loeb Jr.
Attorney: John C. Re (Kurzman Eisenberg Corbin & Lever, LLP)
Judge: Paul A. Goetz
Judge: Manzanet-Daniels, J.P.
Judge: Kennedy, J.
Judge: González, J.
Judge: Pitt-Burke, J.
Judge: Rosado, J.

Key Dates

Decision date: 2026-04-23
Trial court order dismissing the complaint: 2025-09-19
Order denying leave to move (trial court): 2025-10-10

What You Should Do Next

1
Consult an attorney about further appellate options
If the petitioner believes there are new, substantial grounds, she should consult counsel promptly to assess whether a leave-to-appeal application to the Court of Appeals or other relief is available.
2
Assess possibility of new evidence or grounds
Identify any materially new facts or legal errors not previously considered, because relief under CPLR 5015 requires a viable basis such as fraud, mistake, or newly discovered evidence.
3
Comply with costs award
Respondents were awarded costs; the petitioner should determine the amount and timeline for payment or seek counsel to challenge the costs if appropriate.

Frequently Asked Questions

What did the court decide?: The appellate court affirmed the lower court’s refusal to let the petitioner move to vacate a dismissal or to file more papers, because she had abused the court process and the new papers were irrelevant.
Who is affected by this decision?: The decision affects petitioner Elisabeth Kepley and the respondents, including John Loeb Jr., by leaving the dismissal in place and denying further filings.
What happens next?: The dismissal and the trial court’s denial of leave to move remain in effect; the petitioner’s options for further relief are limited absent new, materially different grounds.
On what legal grounds was relief denied?: Relief was denied under CPLR 5015(a)(1) and (a)(3) because the court found no basis to vacate the dismissal and concluded additional filings were unnecessary and irrelevant given prior meritless litigation.
Can this decision be appealed further?: A further appeal to the Court of Appeals would generally require permission and is further limited; the brief does not state whether leave to appeal was sought or available.

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Full Filing Text

Matter of Kepley v Loeb - 2026 NY Slip Op 02453

Matter of Kepley v Loeb

2026 NY Slip Op 02453

April 23, 2026

Appellate Division, First Department

In the Matter of Elisabeth Kepley Also Known as Frances Lehman Loeb, Petitioner-Appellant,

John Loeb Jr., et al., Respondents-Respondents.

Decided and Entered: April 23, 2026

Index No. 154266/25|Appeal No. 6470|Case No. 2025-06781|

Before: Manzanet-Daniels, J.P., Kennedy, González, Pitt-Burke, Rosado, JJ.

Elizabeth Kepley, appellant pro se.

Kurzman Eisenberg Corbin & Lever, LLP, White Plains (John C. Re of counsel), for John Loeb respondent.

Order, Supreme Court, New York County (Paul A. Goetz, J.), entered on or about October 10, 2025, which, to the extent appealed from as limited by the briefs, denied petitioner's request for leave to move pursuant to CPLR 5015 (a)(1) and (3) to vacate the order, same court and Justice, dated September 19, 2025, dismissing the complaint, and for leave to file additional papers on the underlying motion, unanimously affirmed, with costs.

The court providently exercised its discretion in denying approval for petitioner to file additional papers in support of her petition, which approval was required by the previous order dismissing the petition, based on petitioner's prior abuse of the judicial process and initiation of meritless litigation. The additional papers which petitioner proposed to submit were irrelevant to the issues determined by the court in the order granting the motion to dismiss (
see

Summit Solomon & Feldesman v Lacher
, 212 AD2d 487, 487 [1st Dept 1995]).

We have considered petitioner's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: April 23, 2026