| Cerem Subrahimovic & Zenepe Subrahimovic v Rose Spiro |
| Motion No: 2012-02235 qc |
| Slip Opinion No: 2012 NY Slip Op 88855(U) |
| Decided on October 22, 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.
MICHELLE WESTON
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Cerem Subrahimovic and Zenepe Subrahimovic, Appellants, v Rose Spiro Also Known as Rose Nicholas Also Known as Rose Nicholas Spiro, Respondent, et al., Undertenants. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered August 27, 2012.
On the court's own motion, it is
ORDERED that the appeal is dismissed and the order is vacated.
The order appealed from recites that respondent had died prior to the determination of her motion. The death of a party divests the court of jurisdiction and stays the proceedings until a proper substitution has been made pursuant to CPLR 1015(a). Thus, the order is a nullity (see JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713 [2011]).
ENTER:
Paul Kenny
Chief Clerk