Opinion
October 1, 1990
Appeal from the Supreme Court, Suffolk County (Copertino, J.).
Ordered that the appeal is dismissed, with costs.
The original plaintiff Karen Ann Wilson died prior to the issuance of the order denying the appellant's motion to dismiss the complaint insofar as it is asserted against it for want of prosecution. There was no effective substitution made prior to the issuance of that order as required by CPLR 1015. Thus, the provision of the order appealed from is a nullity and this court has no jurisdiction to entertain the appeal (see, Cooper v Volk, 157 A.D.2d 766; Homemakers Inc. v. Williams, 131 A.D.2d 636; Weber v. Bellinger, 124 A.D.2d 1009). Mangano, P.J., Kunzeman, Kooper, Sullivan and Ritter, JJ., concur.