Muth v. Benjamin

Full title: PHYLLIS M. MUTH, Appellant, v. RHODA BENJAMIN, as Executrix of MARTELL…

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

Date published: Mar 4, 1985

109 A.D.2d 736 (N.Y. App. Div. 1985)

Opinion

March 4, 1985

Appeal from the Supreme Court, Orange County (Isseks, J.).

Appeal dismissed, without costs or disbursements.

Plaintiff died on April 11, 1982. No substitution has since taken place as required by CPLR 1015. Under these circumstances, this court has no jurisdiction to hear and determine the instant appeal ( see, Arena v. Manganello, 31 A.D.2d 540; Hemphill v Rock, 87 A.D.2d 836; Byrd v. Johnson, 67 A.D.2d 992; see also, Paul v. Ascher, 106 A.D.2d 619). Lazer, J.P., Mangano, Bracken and Niehoff, JJ., concur.