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Matter of Thomas

Court of Appeals of the State of New York
Dec 29, 1967
21 N.Y.2d 720 (N.Y. 1967)

Opinion

Submitted December 6, 1967

Decided December 29, 1967


Motion (1) for vacatur of the order of the Court of Appeals dated June 1, 1967 dismissing the appeal herein (2) for substitution of the executor for the now deceased appellant Thomas as the party appellant herein, and/or (3) for clarification of said order of dismissal, dated June 1, 1967, dismissed. Upon the death of appellant Thomas the incompetency proceeding abated. ( Matter of Beckwith, 87 N.Y. 503; Carter v. Beckwith, 128 N.Y. 312; Matter of Frank, 283 N.Y. 106; Matter of Fleming, 223 App. Div. 849; see, also, Ann., 54 ALR 2d 1161.) As the action did not survive the death of appellant Thomas, CPLR 1015 does not authorize substitution of another for her as party appellant.


Summaries of

Matter of Thomas

Court of Appeals of the State of New York
Dec 29, 1967
21 N.Y.2d 720 (N.Y. 1967)
Case details for

Matter of Thomas

Case Details

Full title:In the Matter of the Appointment of a Committee of the Person and Property…

Court:Court of Appeals of the State of New York

Date published: Dec 29, 1967

Citations

21 N.Y.2d 720 (N.Y. 1967)
287 N.Y.S.2d 683
234 N.E.2d 705

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