Opinion
October 2, 1962
Appeal from order entered on September 7, 1961 unanimously dismissed, with $20 costs and disbursements to respondent. The notice of appeal was issued at a time when the defendant was deceased. Such notice, issued in the name of the deceased defendant, is void and accordingly there is no appeal pending before this court ( Speier v. St. Francis Church, 3 A.D.2d 732; Matter of Huberman v. O'Connell, 282 App. Div. 762).
Concur — Botein, P.J., Breitel, Rabin, Stevens and Eager, JJ.