Opinion
1999-10071
Argued February 4, 2003.
April 14, 2003.
In a paternity proceeding pursuant to Family Court Act article 5, the mother appeals from an order of the Family Court, Nassau County (Pessala, J.), dated September 29, 1999, which, after a hearing, determined that she did not have standing to maintain the proceeding, and dismissed the petition. Justice Florio has been substituted for the late Justice O'Brien (see 22 NYCRR 670.1[c]).
Anne M. Serby, Long Beach, N.Y., for appellant.
John M. Zenir, Mineola, N.Y., for respondent.
Charles E. Holster III, Mineola, N.Y., Law Guardian for the child.
Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, SANDRA J. FEUERSTEIN, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, without costs or disbursements, and the order dated September 29, 1999, is vacated.
The courts cannot exercise jurisdiction over a deceased person, as opposed to such a person's personal representative (see Waldman v. Mechanical Sys., 294 A.D.2d 354, 355; EPTL 11-3.1). Here, this proceeding was commenced against a deceased person. Thus, the order appealed from is a nullity and must be vacated, and this Court has no jurisdiction to hear the appeal (see Waldman v. Mechanical Sys., supra; Cocozelli Lerner Meunkle Grossman v. Basile, 247 A.D.2d 354, 355).
RITTER, J.P., FLORIO, FEUERSTEIN and LUCIANO, JJ., concur.