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MILES COVERDALE, respondent, v. CYNTHIA ZUCKER, a/k/a CYNTHIA MARKS, appellant.

ORDERED that the appeal is dismissed, without costs or disbursements, and the order entered October 1, 2001, is vacated.

Since the order appealed from was issued after the plaintiff's death, and there has not been any substitution of a personal representative of his estate, it was a nullity and must be vacated. The purported appeal from the order must be dismissed (see Bluestein v. City of New York, 280 A.D.2d 506; Halperin v. Waldbaum's Supermarket, 236 A.D.2d 514, 515; Ludlom Stead v. Rezza, 118 A.D.2d 628).

FLORIO, J.P., O'BRIEN, ADAMS and CRANE, JJ., concur.

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COVERDALE v. ZUCKER
(Feb 4, 2003)