Jones v. Vetter

OPINION OF THE COURT

Daniel Palmieri, J.

Plaintiffs motion pursuant to CPLR 1015 for the substitution of a fiduciary as a defendant is denied. Defense counsel recently informed the Court and plaintiff that the named defendant is deceased and pursuant to CPLR 1015 (a) this Court is now divested of jurisdiction and all proceedings are stayed. (Lyon v Melino, 214 AD2d 992 [4th Dept 1995].) Plaintiff has now moved this Court to appoint a substitute defendant and suggests that the decedent’s son be appointed. Plaintiff has not advised the Court of the date of death, whether a fiduciary has *476been…