Gaines v. City of New York

Appellate Division of the Supreme Court of New York

Gaines v. City of New York

104 A.D.3d 610, 961 N.Y.S.2d 771

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

DecidedMarch 28, 2013

StatusPublished

This text of 104 A.D.3d 610 (Gaines v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gaines v. City of New York, 104 A.D.3d 610, 961 N.Y.S.2d 771 (N.Y. Ct. App. 2013).

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Opinion

Order, Supreme Court, Bronx County (Howard Sherman, J.) entered October 20, 2011, which denied a motion by nonparty the New York City Department of Social Services for an order amending a prior order (same court, Edgar G. Walker, J.), entered August 17, 2010, authorizing the creation of a supplemental needs trust, unanimously reversed, on the law, without costs, and the latter order vacated.

Plaintiff died eight months before the instant motion was made. “The death of a party divests a court of jurisdiction to conduct proceedings in an action until a proper substitution has been made pursuant to CPLR 1015 (a)” (Faraone v National Academy of Tel. Arts & Sciences, 296 AD2d 349, 350 [1st Dept 2002] [internal quotation marks omitted]). The foregoing is without prejudice to any proceedings that may be taken once an estate representative has been duly substituted. Concur— Andrias, J.E, Friedman, DeGrasse, Freedman and AbdusSalaam, JJ.

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Order, Supreme Court, Bronx County (Howard Sherman, J.) entered October 20, 2011, which denied a motion by nonparty the New York City Department of Social Services for an order amending a prior order (same court, Edgar G. Walker, J.), entered August 17, 2010, authorizing the creation of a supplemental needs trust, unanimously reversed, on the law, without costs, and the latter order vacated.

Plaintiff died eight months before the instant motion was made. “The death of a party divests a court of jurisdiction to conduct proceedings in an action until a proper substitution has been made pursuant to CPLR 1015 (a)” (Faraone v National Academy of Tel. Arts & Sciences, 296 AD2d 349, 350 [1st Dept 2002] [internal quotation marks omitted]). The foregoing is without prejudice to any proceedings that may be taken once an estate representative has been duly substituted. Concur— Andrias, J.E, Friedman, DeGrasse, Freedman and AbdusSalaam, JJ.

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Bluebook (online)

104 A.D.3d 610, 961 N.Y.S.2d 771, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaines-v-city-of-new-york-nyappdiv-2013.

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