Petitioner-landlord, through his attorneys, purports to appeal from an order of the Civil Court, New York County (Joseph E. Capella, J.), entered November 30, 2004, which, inter alia, denied a motion brought by his attorneys to amend the petition and granted tenant's cross motion to dismiss the petition in a summary holdover proceeding. Tenant purports to cross-appeal from so much of the aforesaid order as denied her cross motion for attorney's fees.

PER CURIAM:

Appeal from order (Joseph E. Capella, J.), entered November 30, 2004, dismissed, without costs.

Petitioner-landlord William Hall commenced this holdover summary proceeding in August 2003, seeking possession of the subject rent stabilized apartment for the personal use and occupancy of his married son, Timothy Hall, and the son's immediate family. Upon petitioner's death in March 2004, the eviction proceeding "was automatically stayed and no action could be taken by either party absent statutory authority" (Brown v Konczeski, 242 AD2d 847 [1997]). Because no legal representative for petitioner's estate was substituted in accordance with CPLR 1015(a) and CPLR 1021, the Civil Court order from which both petitioner (through his attorney) and tenant now purport to appeal was a nullity and this court lacks jurisdiction to hear and determine the appeal (id.; Kelly v Methodist Hosp., 276 AD2d 672 [2000]). We note that were the possessory issues litigated below properly before us, we would find that the owner occupancy claim initially advanced by petitioner on behalf of his son is not maintainable by the current owners, who took title to the building premises in or about June 2004 (see Rent Stabilization Code [9 NYCRR] §§ 2524.4[a][4], 2524.2[c][3]; compare Hankovszky v Hill, 9 Misc 3d 134[A], 2005 NY Slip Op 51669[U][App Term, 1st Dept], lv denied 2006 NY App Div LEXIS 2771).

This constitutes the decision and order of the court.
Decision Date: August 29, 2006