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MARY HYMAN, appellant, v. BOOTH MEMORIAL HOSPITAL, ET AL., respondents.

DECISION ORDER

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

The death of a party terminates the authority of the attorney for that person to act on his or her behalf (see Gonzalez v. Ford Motor Co., 295 A.D.2d 474; Meehan v. Washington, 242 A.D.2d 286, 287; see generally CPLR 1015[a]). Mary Hyman died intestate after commencement of this action and no substitution was effected. Hyman's attorney purportedly took these appeals on Hyman's behalf. Since counsel lacks the authority to act, the purported appeals must be dismissed, as this court is without jurisdisction to hear and determine them (see Livshits v. Raginskiy, 289 A.D.2d 458; Kelly v. Methodist Hospital, 276 A.D.2d 672, 673).

Generally speaking, the Supreme Court is also divested of jurisdiction; however, CPLR 1021 is an exception to that principle (see Gonzalez v. Ford Motor Co., supra). Here, persons interested in the decedent's estate were provided with sufficient notice of the defendants' respective motions to dismiss the complaint pursuant to CPLR 1021, so that the Supreme Court had jurisdiction regarding the motions. Accordingly, the underlying orders and judgment need not be vacated (see CPLR 1021; cf. Macomber v. Cipollina, 226 A.D.2d 435; Gonzalez v. Ford Motor Co., supra).

SMITH, J.P., GOLDSTEIN, McGINITY and MASTRO, JJ., concur.

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HYMAN v. BOOTH MEMORIAL HOSPITAL
(Jun 23, 2003)