| Mary Ann Ryan v Victor Kassar |
| Motion No: 2011-01878 ric |
| Slip Opinion No: 2012 NY Slip Op 82745(U) |
| Decided on August 14, 2012 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JAIME A. RIOS
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Mary Ann Ryan, Respondent, v Victor Kassar, Appellant. |
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