- Bookmark
- Share
- CaseIQ
IN THE MATTER OF OUTING v. MATHIS
Appellate Division of the Supreme Court of New York, Second Department.
Apr 14, 2003
Important Paras
Please sign up to view Important Paras.
DECISION ORDER
ORDERED that the appeal is dismissed, without costs or disbursements, and the order dated September 29, 1999, is vacated.
The courts cannot exercise jurisdiction over a deceased person, as opposed to such a person's personal representative (see Waldman v. Mechanical Sys., 294 A.D.2d 354, 355; EPTL 11-3.1). Here, this proceeding was commenced against a deceased person. Thus, the order appealed from is a nullity and must be vacated, and this Court has no jurisdiction to hear the appeal (see Waldman v. Mechanical Sys., supra; Cocozelli Lerner Meunkle Grossman v. Basile, 247 A.D.2d 354, 355).
RITTER, J.P., FLORIO, FEUERSTEIN and LUCIANO, JJ., concur.
x
Alert
Please log in or sign up for a free trial to access this feature.