Opinion
February 19, 1991
Gary L. Casella (Leslie S. Evans of counsel), for petitioner.
The respondent died on October 17, 1990. Consequently, the proceeding has abated (see, CPLR 5016), and accordingly the petition must be dismissed.
MANGANO, P.J., THOMPSON, BRACKEN, BROWN and LAWRENCE, JJ., concur.
Ordered that the petition is dismissed on the ground that the proceeding abated upon the death of the respondent.