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FLAHERTY v. LYNCH

265 A.D.2d 376 (1999)

696 N.Y.S.2d 516

PATRICIA FLAHERTY et al., Respondents-Appellants, v. DEAN LYNCH, Appellant-Respondent.

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

Decided October 12, 1999.

Ordered that the appeals are dismissed, without costs or disbursements.

The plaintiff Debra Lynch died before either of the orders appealed from were issued. There was no effective substitution for the plaintiff as required by CPLR 1015 prior to the issuance of either of the orders. Thus, the orders appealed from are nullities and this Court has no jurisdiction to entertain the appeals (see, Balestra v Donohue, 237 A.D.2d 237

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