Opinion
Motion No: 2013-01309 kc
08-16-2013
Republic Washington, LLC, Appellant, v. Bessie Webb, Respondent, et al., Undertenants.
, J.P.
MICHAEL L. PESCE
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated May 15, 2013.
Upon the papers filed in support of the motion and no papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed and the order dated May 15, 2013 is vacated; and it is further,
ORDERED that appellant's motion is denied as academic.
The moving papers indicate that respondent died prior to the making of the motion giving rise to the order appealed from, and no substitution was made. Respondent's death divested the court of jurisdiction to conduct any proceedings until a proper substitution had been made (see JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713 [2011]; European Am. Bank v Strab Constr. Corp., 196 AD2d 479 [1993]).
ENTER:
Paul Kenny
Chief Clerk