Legal Opinion

Catalfamo v. Flushing National Bank

Appellate Division of the Supreme Court of the State of New York

Decided November 10, 1986PublishedCited by 4 opinions

1Opinion of the Court

*625It appears from the brief submitted by the plaintiffs counsel that the plaintiff died on November 13, 1984. It further appears that no substitution has taken place as required by CPLR 1015. Under these circumstances, the order appealed from is a nullity and this court has no jurisdiction to hear and determine the instant appeal (see, Muth v Benjamin, 109 AD2d 736).

We note however, that were the appeal properly before us, we would affirm for reasons stated by Trial Term. Mollen, P. J., Mangano, Niehoff and Rubin, JJ., concur.

2Cases cited1 opinion

  1. Muth v. BenjaminAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by4 opinions

  1. Schraven v. Town of TonawandaAppellate Division of the Supreme Court of the State of New York · 1997
  2. Cooper v. VolkAppellate Division of the Supreme Court of the State of New York · 1990
  3. Commerce Commercial Leasing, LLC v. PIO Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  4. Modica v. Marcus Garvey Nursing HomeAppellate Division of the Supreme Court of the State of New York · 1988