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ALFRED PAVONE, Appellant-Respondent, v. KEVIN A. WALTERS et al., Respondents-Appellants and Third-Party Plaintiffs-Appellants, et al., Defendants. QUALITY LUMBER BUILDERS SUPPLY CO., INC., et al., Third-Party Defendants-Respondents.

Motion for substitution as appellant-respondent dismissed and appeals dismissed without costs. Memorandum: Plaintiff's death on July 13, 1993 "terminated [his] attorney's authority to act and stayed the proceedings pending substitution of a legal representative (CPLR 1015; Matter of Einstoss, 26 N.Y.2d 181; Silvagnoli v Consolidated Edison Employees Mut. Aid Socy., 112 A.D.2d 819)" (Weber v Bellinger, 124 A.D.2d 1009). Because there was no substitution (see, CPLR 1021), Supreme Court lacked jurisdiction to act, its order is a nullity, and this Court lacks jurisdiction to consider either the appeals from that order or this motion (see, Weber v Bellinger, supra).

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PAVONE v. WALTERS
(Apr 28, 1995)