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Matter of Vitale

Appellate Division of the Supreme Court of New York, Second Department
Mar 19, 1979
68 A.D.2d 927 (N.Y. App. Div. 1979)

Opinion

March 19, 1979


In a proceeding to compel an accounting, the objectant, William Cerrone, appeals from an order of the Surrogate's Court, Queens County, dated March 16, 1978, which granted the motion of Edward C. Clarke to be relieved as attorney of record for an administrator, c.t.a., who had died during the pendency of the proceeding. Order reversed, on the law, and motion dismissed, without costs or disbursements. Upon the death of a party to a civil proceeding all further proceedings are stayed until proper substitution has been effected (2 Carmody-Wait 2d, N.Y. Prac, § 11:9). Accordingly, until the substitution of a successor administrator, c.t.a., is made, pursuant to SCPA 1418, the Surrogate's Court lacks jurisdiction to pass upon the motion of Edward C. Clarke to be relieved as counsel (cf. Thomas v Hawkins, 234 App. Div. 715; Moore v. Washington, 34 A.D.2d 903, 904). Hopkins, J.P., Damiani, Rabin and Mangano, JJ., concur.


Summaries of

Matter of Vitale

Appellate Division of the Supreme Court of New York, Second Department
Mar 19, 1979
68 A.D.2d 927 (N.Y. App. Div. 1979)
Case details for

Matter of Vitale

Case Details

Full title:In the Matter of the Estate of GIUSEPPE VITALE, Also Known as JOSEPH…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 19, 1979

Citations

68 A.D.2d 927 (N.Y. App. Div. 1979)

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