15th Assoc. LLC v Pamblanco

[*1] 15th Assoc. LLC v Pamblanco 2007 NY Slip Op 50546(U) [15 Misc 3d 127(A)] Decided on March 21, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 21, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, J.P., McCOOE, DAVIS, JJ
570539/05.

15th Associates LLC, Petitioner-Landlord-Respondent, - -

against

Thomas Pamblanco, Respondent-Tenant-Appellant, -and- John Doe and Jane Doe, Respondent-Undertenants.

Tenant appeals from a final judgment of the Civil Court, New York County (Laurie L. Lau, J.), entered on or about April 22, 2005, after a nonjury trial, which awarded possession to landlord in a holdover summary proceeding.

PER CURIAM:

Appeal from final judgment (Laurie L. Lau, J.), entered on or about April 22, 2005, dismissed for lack of jurisdiction to entertain the appeal, without prejudice and without costs.

The death of a party divests the court of jurisdiction and stays the proceedings until a proper substitution has been made pursuant to CPLR 1015(a). In the absence of a substitution of a representative for the estate of the (now) deceased tenant-appellant, this court is without jurisdiction to hear and decide the appeal (see Silvagnoli v Consolidated Edison Employees Mutual Aid Society, 112 AD2d 819, 820 [1985]).

This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: March 21, 2007