BYRD v. JOHNSON


67 A.D.2d 992 (1979)

Beatrice Byrd, Respondent, v. Oliver Johnson et al., Respondents, and Sylvia Roberts, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 26, 1979


Appeals insofar as they pertain to defendant Johnson, dismissed, without costs or disbursements.

It appears that the defendant Johnson died prior to the service of the original motion papers. No substitution took place as required by CPLR 1015 (subd [a]). Under these circumstances, the orders as to him are void and the appeals therefrom must be dismissed (see Hirdes v Fanning, 40 A.D.2d 716

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