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KLAUS v. SCHEPPS

15 A.D.3d 626 (2005)

789 N.Y.S.2d 903

HOWARD KLAUS, Appellant, v. HERBERT SCHEPPS, Respondent.

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

February 28, 2005.

Ordered that the appeals are dismissed, without costs or disbursements, and the orders dated December 18, 2003, and March 10, 2004, respectively, are vacated and declared to be nullities.

The defendant died on November 21, 2002, and no substitution has been made. Accordingly, the orders appealed from are nullities and the appeals must be dismissed (see CPLR 1015, 1021; Temple v Rosa, 215 A.D.2d 550 [1995]; Oberlander...

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