| Cach, LLC v Blanche Powell |
| Motion No: 2015-01550 QC |
| Slip Opinion No: 2016 NY Slip Op 80712(U) |
| Decided on July 22, 2016 |
| 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
| Cach, LLC, Respondent, v Blanche Powell, Defendant, and Mychael K. Powell, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered March 13, 2015. A judgment was entered pursuant to the order on April 29, 2015.
On the court's own motion, it is
ORDERED that the appeal is dismissed and the order entered March 13, 2015 and the judgment entered April 29, 2015 are vacated.
The record indicates that defendant Blanche Powell died prior to the making of the motion giving rise to the order appealed from and that no substitution was made. Her death divested the court of jurisdiction to conduct any proceedings until a proper substitution had been made (CPLR 1015 [a]; see Schnapp v Miller's Launch, 135 AD3d 655 [2016]; JPMorgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713 [2011]).
ENTER:
Paul Kenny
Chief Clerk