§ 1021 — Substitution procedure; dismissal for failure to substitute; presentation of appeal

New York § 1021

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 10: Parties Generally

Text

§ 1021. Substitution procedure; dismissal for failure to substitute;\npresentation of appeal. A motion for substitution may be made by the\nsuccessors or representatives of a party or by any party. If a person\nwho should be substituted does not appear voluntarily he may be made a\nparty defendant. If the event requiring substitution occurs before final\njudgment and substitution is not made within a reasonable time, the\naction may be dismissed as to the party for whom substitution should\nhave been made, however, such dismissal shall not be on the merits\nunless the court shall so indicate. If the event requiring substitution\noccurs after final judgment, substitution may be made in either the\ncourt from or to which an appeal could be or is taken, or the court of\noriginal instance, and if substitution is not made within four months\nafter the event requiring substitution, the court to which the appeal is\nor could be taken may dismiss the appeal, impose conditions or prevent\nit from being taken. Whether or not it occurs before or after final\njudgment, if the event requiring substitution is the death of a party,\nand timely substitution has not been made, the court, before proceeding\nfurther, shall, on such notice as it may in its discretion direct, order\nthe persons interested in the decedent's estate to show cause why the\naction or appeal should not be dismissed.\n