Ordered that the notice of appeal from an order of the same court, dated August 6, 1985, which, inter alia, granted the plaintiff's motion for summary judgment, is treated as a premature notice of appeal from the judgment (see, CPLR 5520 [c]); and it is further,
Ordered that the purported appeal by the defendant Leo C. Rapaport is dismissed. That defendant died before the entry of the judgment appealed from and no substitution has taken place as required...
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