Legal Opinion
Pavone v. Walters
Appellate Division of the Supreme Court of the State of New York
Decided April 28, 1995PublishedCited by 7 opinions
1Opinion of the Court
Motion for substitution as appellant-respondent dismissed and appeals dismissed without costs. Memorandum: Plaintiff’s death on July 13, 1993 "terminated [his] attorney’s authority to act and stayed the proceedings pending substitution of a legal representative (CPLR 1015; Matter of Einstoss, 26 NY2d 181; Silvagnoli v Consolidated Edison Employees Mut. Aid Socy., 112 AD2d 819)” (Weber v Bellinger, 124 AD2d 1009). Because there was no substitution (see, CPLR 1021), Supreme Court lacked jurisdiction to act, its order is a nullity, and this Court lacks jurisdiction to consider either the appeals…
2Cases cited3 opinions
- In re the Estate of EinstossNew York Court of Appeals · 1970
- Silvagnoli v. Consolidated Edison Employees Mutual Aid SocietyAppellate Division of the Supreme Court of the State of New York · 1985
- Weber v. BellingerAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by7 opinions
- Giroux v. Dunlop Tire Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Applebee v. County of CayugaAppellate Division of the Supreme Court of the State of New York · 2013
- Anderson v. GillilandAppellate Division of the Supreme Court of the State of New York · 1997
- In re the Estate of LeopoldAppellate Division of the Supreme Court of the State of New York · 2006
- APPLEBEE, STEPHEN v. COUNTY OF CAYUGAAppellate Division of the Supreme Court of the State of New York · 2013
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