| Republic Wash., LLC v Bessie Webb |
| Motion No: 2013-01309 kc |
| Slip Opinion No: 2013 NY Slip Op 83222(U) |
| Decided on August 16, 2013 |
| 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
MARTIN M. SOLOMON, J.P.
MICHAEL L. PESCE
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Republic Washington, LLC, Appellant, v Bessie Webb, Respondent, et al., Undertenants. |
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated May 15, 2013.
Upon the papers filed in support of the motion and no papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed and the order dated May 15, 2013 is vacated; and it is further,
ORDERED that appellant's motion is denied as academic.
The moving papers indicate that respondent died prior to the making of the motion giving rise to the order appealed from, and no substitution was made. Respondent's death divested the court of jurisdiction to conduct any proceedings until a proper substitution had been made (see JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713 [2011]; European Am. Bank v Strab Constr. Corp., 196 AD2d 479 [1993]).
ENTER:
Paul Kenny
Chief Clerk