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FORTH v. McQUIRE

193 A.D.2d 1146 (1993)

600 N.Y.S.2d 646

Joseph N. Forth, by Nicholas J. Forth, His Attorney-In-Fact, Appellant, v. Frank J. McQuire, Doing Business as Autumn View Manor, et al., Respondents

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

May 28, 1993

Motion to dismiss appeal granted.

Memorandum:

The appeal taken on behalf of the petitioner is dismissed because petitioner died before the taking of the appeal and no substitution has been made pursuant to CPLR 1021 (see, Weber v Bellinger, 124 A.D.2d 1009). Under CPLR 1022, the time for taking an appeal is extended for 15 days after substitution is made unless the court should order...

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