Appeal from order entered on or about December 7, 1964, denying appellant's motion to vacate a judgment, unanimously dismissed, without costs or disbursements.
The motion was predicated on the claim that the judgment was invalid since it was based on a decision by the Trial Justice rendered in violation of CPLR 5016 (subd. [d]) after one of the defendants, Holland, had died. The action was by a judgment creditor of defendant Kane to
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