Opinion
2013-03-28
Janie GAINES, Plaintiff–Respondent, v. The CITY OF NEW YORK, et al., Defendants, The New York City Department of Social Services, Claimant–Appellant.
Michael A. Cardozo, Corporation Counsel, New York (William K. Chang of counsel), for appellant. Finkelstein & Partners, LLP, Newburgh (James W. Shuttleworth, III of counsel), for respondent.
Michael A. Cardozo, Corporation Counsel, New York (William K. Chang of counsel), for appellant. Finkelstein & Partners, LLP, Newburgh (James W. Shuttleworth, III of counsel), for respondent.
Tamara L. Stack, New York, for Estate of Janie Gaines, respondent.
Order, Supreme Court, Bronx County (Howard Sherman, J.) entered October 20, 2011, which denied a motion by nonparty the New York City Department of Social Services for an order amending a prior order (same court, Edgar G. Walker, J.), entered August 17, 2010, authorizing the creation of a supplemental needs trust, unanimously reversed, on the law, without costs, and the latter order vacated.
Plaintiff died eight months before the instant motion was made. “The death of a party divests a court of jurisdiction to conduct proceedings in an action until a proper substitution has been made pursuant to CPLR 1015(a)” ( Faraone v. Natl. Academy of Tel. Arts & Sciences, 296 A.D.2d 349, 350, 745 N.Y.S.2d 163 [1st Dept. 2002] [internal quotation marks omitted] ). The foregoing is without prejudice to any proceedings that may be taken once an estate representative has been duly substituted.