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COVERDALE v. ZUCKER

302 A.D.2d 348 (2003)

753 N.Y.S.2d 892

MILES COVERDALE, Respondent, v. CYNTHIA ZUCKER, Also Known as CYNTHIA MARKS, Appellant.

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

Decided February 3, 2003.

Ordered that the appeal is dismissed, without costs or disbursements, and the order entered October 1, 2001, is vacated.

Since the order appealed from was issued after the plaintiff's death, and there has not been any substitution of a personal representative of his estate, it was a nullity and must be vacated. The purported appeal from the order must be dismissed (see Bluestein v City of New York,

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