Opinion
Motion No: 2013-01534 KC 2014-1138 K C
06-10-2014
Nicole Marchan-Stewart, Respondent, v. Dorothy O. Haslip, Appellant.
, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Appeals from orders of the Civil Court of the City of New York, Kings County, entered May 23, 2011 and May 30, 2013, respectively.
On the court's own motion, it is
ORDERED that the appeals are consolidated for the purposes of disposition; and it is further,
ORDERED that the appeals are dismissed and all proceedings had in the Civil Court, including the orders appealed from and the judgment entered October 18, 2012 are vacated.
Defendant died on October 1, 2008, and no proper substitution was made. Defendant's death divested the court of jurisdiction to conduct any proceedings until a proper substitution had been made (CPLR 1015[a]; see Matter of Vita V. [Cara B.], 100 AD3d 913 [2012]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713 [2011]). We note that this court's authority is limited to ruling on the validity of the Civil Court's proceedings and this court cannot affect the Supreme Court's 2010 transfer order (see Green v Lakeside Manor Home for Adults, 30 Misc 3d 16, 18-19 [App Term, 2d 11th & 13th Jud Dists 2010]).
ENTER:
Paul Kenny
Chief Clerk