MUTH v. BENJAMIN

Appeal dismissed, without costs or disbursements.

Plaintiff died on April 11, 1982. No substitution has since taken place as required by CPLR 1015. Under these circumstances, this court has no jurisdiction to hear and determine the instant appeal ( see, Arena v. Manganello, 31 A.D.2d 540; Hemphill v Rock, 87 A.D.2d 836; Byrd v. Johnson, 67 A.D.2d 992; see also, Paul v. Ascher, 106 A.D.2d 619). Lazer, J.P., Mangano, Bracken and Niehoff, JJ., concur.