| Nicole Marchan-stewart v Dorothy O. Haslip |
| Motion No: 2014-01138 KC |
| Slip Opinion No: 2014 NY Slip Op 76027(U) |
| Decided on June 10, 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
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Nicole Marchan-Stewart, Respondent, v Dorothy O. Haslip, Appellant. |
Appeals from orders of the Civil Court of the City of New York, Kings County, entered May 23, 2011 and May 30, 2013, respectively.
On the court's own motion, it is
ORDERED that the appeals are consolidated for the purposes of disposition; and it is further,
ORDERED that the appeals are dismissed and all proceedings had in the Civil Court, including the orders appealed from and the judgment entered October 18, 2012 are vacated.
Defendant died on October 1, 2008, and no proper substitution was made. Defendant's death 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]). We note that this court's authority is limited to ruling on the validity of the Civil Court's proceedings and this court cannot affect the Supreme Court's 2010 transfer order (see Green v Lakeside Manor Home for Adults, 30 Misc 3d 16, 18-19 [App Term, 2d 11th & 13th Jud Dists 2010]).
ENTER:
Paul Kenny
Chief Clerk