Cach, LLC v. Powell

Full title: Cach, LLC, Respondent, v. Blanche Powell, Defendant, and Mychael K…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Jul 22, 2016

2016 N.Y. Slip Op. 80712 (N.Y. App. Term 2016)

Opinion

2015-1550 Q C

07-22-2016

Cach, LLC, Respondent, v. Blanche Powell, Defendant, and Mychael K. Powell, Appellant.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

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