Forth v. McQuire

Motion to dismiss appeal granted. Memorandum: The appeal taken on behalf of the petitioner is dismissed because petitioner died before the taking of the appeal and no substitution has been made pursuant to CPLR 1021 (see, Weber v Bellinger, 124 AD2d 1009). Under CPLR 1022, the time for taking an appeal is extended for 15 days after substitution is made unless the court should order otherwise. Present—Pine, J. P., Balio, Lawton, Boomer and Davis, JJ. (Filed May 20, 1993.)