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Pavone v. Walters

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 28, 1995
214 A.D.2d 1052 (N.Y. App. Div. 1995)

Opinion

April 28, 1995

Present — Pine, J.P., Lawton, Wesley, Davis and Boehm, JJ.


Motion for substitution as appellant-respondent dismissed and appeals dismissed without costs. Memorandum: Plaintiff's death on July 13, 1993 "terminated [his] attorney's authority to act and stayed the proceedings pending substitution of a legal representative (CPLR 1015; Matter of Einstoss, 26 N.Y.2d 181; Silvagnoli v Consolidated Edison Employees Mut. Aid Socy., 112 A.D.2d 819)" (Weber v Bellinger, 124 A.D.2d 1009). Because there was no substitution (see, CPLR 1021), Supreme Court lacked jurisdiction to act, its order is a nullity, and this Court lacks jurisdiction to consider either the appeals from that order or this motion (see, Weber v Bellinger, supra).


Summaries of

Pavone v. Walters

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 28, 1995
214 A.D.2d 1052 (N.Y. App. Div. 1995)
Case details for

Pavone v. Walters

Case Details

Full title:ALFRED PAVONE, Appellant-Respondent, v. KEVIN A. WALTERS et al.…

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

Date published: Apr 28, 1995

Citations

214 A.D.2d 1052 (N.Y. App. Div. 1995)
626 N.Y.S.2d 339

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