Opinion
2011-1878 RI C
08-14-2012
Mary Ann Ryan, Respondent, v. Victor Kassar, Appellant.
, P.J.
JAIME A. RIOS
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Richmond County, entered May 13, 2011.
On the court's own motion, it is
ORDERED that the appeal is dismissed and the order entered May 13, 2011 is vacated.
The record indicates that appellant died on October 20, 2009, prior to the making of the motion giving rise to the order appealed from, and no substitution was made. Appellant's death divested the court of jurisdiction to conduct any proceedings until a proper substitution had been made (see European Am. Bank v Strab Constr. Corp., 196 AD2d 479 [1993]).
ENTER:
Paul Kenny
Chief Clerk