Opinion
April 20, 1998
Appeal from the Supreme Court, Kings County (Kramer, J.).
Ordered that on the Court's own motion, the appellant's notice of appeal from the sua sponte order dated August 6, 1997, is treated as an application for leave to appeal, and leave to appeal is granted; and it is further,
Ordered that the appeal from the order dated September 19, 1997, is dismissed, as no appeal lies from an order denying reargument; and it is further,
Ordered that the order dated August 6, 1997, is reversed insofar as appealed from, and the plaintiffs are directed to apply for the appointment of an administrator for the estate of the deceased defendant, Joyce A. Allen, and upon said appointment, to apply for substitution of the administrator as a party defendant in the place and stead of the deceased defendant, Joyce A. Allen; and it is further,
Ordered that the appellant is awarded one bill of costs.
Under the circumstances of this case, the Supreme Court should have directed the plaintiffs, inter alia, to apply for the appointment of an administrator for the estate of the deceased defendant, Joyce A. Allen ( see, Meehan v. Washington, 242 A.D.2d 286; Butts v. Marx, 148 Misc.2d 405).
Bracken, J.P., Copertino, Santucci, Florio and McGinity, JJ., concur.