| Gilbert Louzoun Revocable Living Trust Dated Dec. 10, 2009, Gilbert Louzoun, Trustee, Etc. v Hyman Rostoker Et Al. |
| Motion No: 2019-01085 QC |
| Slip Opinion No: 2019 NY Slip Op 76045(U) |
| Decided on July 16, 2019 |
| 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
| Gilbert Louzoun Revocable Living Trust Dated December 10, 2009, Gilbert Louzoun, Trustee, etc., Appellant, v Hyman Rostoker et al., Respondents. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered October 27, 2018.
On the court's own motion, it is
ORDERED that the appeal is dismissed and the order entered October 27, 2018 is vacated.
As the motion giving rise to the order appealed from was made on behalf of appellant, who had died prior to the making of the motion, and the notice of appeal was filed on behalf of the deceased appellant, the order and the notice of appeal are nullities, since appellant's 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]). Thus, the appeal must be dismissed and the order vacated.
ENTER:
Paul Kenny
Chief Clerk