It appears without dispute that, during the interim between the service of the notice of appeal herein on or about October 26, 1963 and the submission of the appeal to this court for decision on April 27, 1964, the plaintiff-appellant died. In the absence of the substitution of his executor or administrator as the proper party plaintiff-appellant, this court may not proceed to a determination of the appeal on the merits (CPLR 1015, 1021; Bronheim v. Kelleher, 258 App...
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