Sheehan v. Bd. of Tr. N.Y.C. Police Pension

Full title: IN RE APPLICATION OF SUSAN SHEEHAN, PETITIONER-APPELLANT, FOR A JUDGMENT…

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

Date published: Dec 24, 2002

300 A.D.2d 193 (N.Y. App. Div. 2002)

750 N.Y.S.2d 867

Opinion

2652

December 24, 2002.

Appeal from order, Supreme Court, New York County (Ronald Zweibel, J.), entered May 13, 2002, which, in an article 78 proceeding challenging respondents' denial of accident disability retirement benefits to petitioner, denied petitioner's husband's motion to restore the proceeding to the calendar and dismissed the petition, unanimously dismissed, without costs.

Rosemary Carroll, for petitioner-appellant.

Mordecai Newman, for respondents-respondents.

Before: NARDELLI, J.P., SAXE, SULLIVAN, ROSENBERGER, ELLERIN, JJ.

There has been no substitution of the deceased petitioner's personal representative even though respondents' brief clearly articulated the necessity of such step, and, accordingly, under the circumstances presented herein, we dismiss the appeal (CPLR 1021).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.