| Dovie Realty, LLC, Landlord-respondent v Alice Gordon, Tenant, N. Y. City Hous. Auth. |
| Motion No: 2014-00445 KC |
| Slip Opinion No: 2014 NY Slip Op 75882(U) |
| Decided on June 2, 2014 |
| 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.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Dovie Realty, LLC, Landlord-Respondent, v Alice Gordon, Tenant, New York City Housing Authority, Respondent, et al., Undertenant, and Tony Gordon sued herein as "John Doe", Undertenant-Appellant. |
Motion by undertenant-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 February 18, 2014. The order denied appellant's motion to vacate a default final judgment entered January 9, 2014 in a holdover summary proceeding.
Upon the papers filed in support of the motion and the papers filed in opposition and in response thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed, and the order dated February 18, 2014 and the final judgment entered January 9, 2014 are vacated; and it is further,
ORDERED that undertenant-appellant's motion is denied as academic.
The moving papers indicate that the tenant of record Alice Gordon died prior to the end of trial and no substitution was made. The death of the tenant of record divested the court of jurisdiction to conduct any proceedings until a proper substitution had been made (CPLR 1015[a]; see Matter of Vita V. [Cara B.], 100 AD3d 913 [2012]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713 [2011]).
ENTER:
Paul Kenny
Chief Clerk