In re the Estate of Leopold

*1228Appeal from an order of the Surrogate’s Court, Erie County (Barbara Howe, S.), entered February 2, 2005. The order, among other things, granted petitioner’s motion for summary judgment.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.

Memorandum: On February 1, 2005, Surrogate’s Court, inter alia, granted petitioner’s motion for summary judgment. However, Mary H. Tuppen, executor of respondent estate of Charles D. Tuppen, Jr., had died on an undisclosed date, her successor executor having been appointed on December 20, 2004. The successor…