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Forth v. McQuire

Appellate Division of the Supreme Court of New York, Fourth Department
May 28, 1993
193 A.D.2d 1146 (N.Y. App. Div. 1993)

Opinion

May 28, 1993

Present — Pine, J.P., Balio, Lawton, Boomer and Davis, JJ. (Filed May 20, 1993.)


Motion to dismiss appeal granted. Memorandum: The appeal taken on behalf of the petitioner is dismissed because petitioner died before the taking of the appeal and no substitution has been made pursuant to CPLR 1021 (see, Weber v Bellinger, 124 A.D.2d 1009). Under CPLR 1022, the time for taking an appeal is extended for 15 days after substitution is made unless the court should order otherwise.


Summaries of

Forth v. McQuire

Appellate Division of the Supreme Court of New York, Fourth Department
May 28, 1993
193 A.D.2d 1146 (N.Y. App. Div. 1993)
Case details for

Forth v. McQuire

Case Details

Full title:JOSEPH N. FORTH, by NICHOLAS J. FORTH, His Attorney-In-Fact, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 28, 1993

Citations

193 A.D.2d 1146 (N.Y. App. Div. 1993)
600 N.Y.S.2d 646

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