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MATTER OF LONDON

Index No. 500089/17. Appeal No. 14819-14820-14821 & [M-3153]. Case Nos. 2020-03003, 2021-00258, 2021-00259, 2021-00260.

200 A.D.3d 493 (2021)

160 N.Y.S.3d 14

2021 NY Slip Op 06922

In the Matter of Zachary Ross London, a Person in Need of a Guardianship. In the of Matter of Allen London et al., Respondents, v. Zachary London et al., Appellants. Albert Mitchell, Intervenor-Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 9, 2021.

Attorney(s) appearing for the Case

McCarthy Fingar LLP, White Plains ( Michael S. Kutzin of counsel), for appellants.

Farrell Fritz, PC, Uniondale ( John R. Morken of counsel), for respondents.

Concur—Kapnick, J.P., Moulton, González, Rodriguez, Pitt, JJ.

Petitioner Margot London passed away during the pendency of this appeal. Although typically all proceedings are stayed as a matter of law until an order of substitution is made (see CPLR 1015, 1021), when "a party's demise does not affect the merits of a case ... there is no need for strict adherence to the requirement that the proceedings be stayed pending substitution" (Bova v Vinciguerra, 139 A.D.2d 797, 799 [3d Dept

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