Saturday, March 28, 2026

An interesting question - how come the Decker case proceeds despite the death of a party (James Eisel)?

It is the law that if a party in a court case dies, he/she should be replaced with his/her legal representative (the Estate).

In the lawsuit Decker Advertisement, Inc. v. Delaware County, 3:23-cv-1531 (NDNY), there was a defendant James Eisel, Sr., 

#NamePosition in Delaware CountyTown (Supervisor Of)
1Delaware County, New YorkMunicipal entity
2Tina MoléChairperson, Board of SupervisorsTown of Bovina
3Arthur MerrillMember, Board of SupervisorsTown of Colchester
4Mark TuthillMember, Board of SupervisorsTown of Delhi (retired) 
5Thomas AxtellMember, Board of SupervisorsTown of Deposit (retired)
6Jeffrey TaggartMember, Board of SupervisorsTown of Franklin (retired)
7Wayne E. MarshfieldMember, Board of SupervisorsTown of Hamden
8Jerry VernoldMember, Board of SupervisorsTown of Hancock
9James E. EiselMember, Board of SupervisorsTown of Harpersfield (retired, DEAD)
10George Haynes, Jr.Member, Board of SupervisorsTown of Kortright
11Betty L. ScottMember, Board of SupervisorsTown of Masonville
12James G. EllisMember, Board of SupervisorsTown of Meredith
13Carl Patrick DavisMember, Board of SupervisorsTown of Middletown
14Allen R. HinkleyMember, Board of SupervisorsTown of Roxbury
15Eric T. WilsonMember, Board of SupervisorsTown of Sidney
16John S. KosierMember, Board of SupervisorsTown of Stamford
17William LaytonMember, Board of SupervisorsTown of Tompkins
18Joseph CettaMember, Board of SupervisorsTown of Walton
19Amy MerklenCounty Attorney

Eisel is the retired - and, reportedly, as of December 18, 2025, dead former Delaware County Supervisor (Town of Harpersfield).

I do not see any movement in the federal case attempting to replace him with his legal representative.

Instead, everybody is happily filing - and wasting taxpayer money - despite the mandatory stay imposed by the death.


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