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IN THE MATTER OF CAROLYN OUTING, appellant, v. GEORGE MATHIS, respondent.

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.

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IN THE MATTER OF OUTING v. MATHIS
(Apr 14, 2003)