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Flaherty v. Lynch

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1999
265 A.D.2d 376 (N.Y. App. Div. 1999)

Opinion

Argued September 24, 1999

October 12, 1999

In an action for a divorce and ancillary relief, (1) the defendant appeals from an order of the Supreme Court, Rockland County (Weiner, J.).


ORDERED that the appeals are dismissed, without costs or disbursements.

The plaintiff Debra Lynch died before either of the orders appealed from were issued. There was no effective substitution for the plaintiff as required by CPLR 1015 prior to the issuance of either of the orders. Thus, the orders appealed from are nullities and this court has no jurisdiction to entertain the appeals ( see, Balestra v. Donohue, 237 A.D.2d 237; Wilson v. Rosen, 166 A.D.2d 441).

SANTUCCI, J.P., THOMPSON, JOY, and McGINITY, JJ., concur.


Summaries of

Flaherty v. Lynch

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1999
265 A.D.2d 376 (N.Y. App. Div. 1999)
Case details for

Flaherty v. Lynch

Case Details

Full title:PATRICIA FLAHERTY, etc., et al., respondents-appellants, v. DEAN LYNCH…

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

Date published: Oct 12, 1999

Citations

265 A.D.2d 376 (N.Y. App. Div. 1999)
696 N.Y.S.2d 516

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