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Janie Gaines, Plaintiff-Respondent v. the City of New York

New York Supreme and/or Appellate Courts Appellate Division, First Department


March 28, 2013

JANIE GAINES, PLAINTIFF-RESPONDENT,
v.
THE CITY OF NEW YORK, ET AL., DEFENDANTS, THE NEW YORK CITY DEPARTMENT OF SOCIAL SERVICES, CLAIMANT-APPELLANT.

Gaines v City of New York

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 28, 2013

Andrias, J.P., Friedman, DeGrasse, Freedman, Abdus-Salaam, JJ.

Order, Supreme Court, Bronx County (Howard Sherman, J.) entered October 20, 2011, which denied a motion by nonparty the New York City Department of Social Services for an order amending a prior order (same court, Edgar G. Walker, J.), entered August 17, 2010, authorizing the creation of a supplemental needs trust, unanimously reversed, on the law, without costs, and the latter order vacated.

Plaintiff died eight months before the instant motion was made. "The death of a party divests a court of jurisdiction to conduct proceedings in an action until a proper substitution has been made pursuant to CPLR 1015(a)" (Faraone v Natl. Academy of Tel. Arts & Sciences, 296 AD2d 349, 350 [1st Dept 2002] [internal quotation marks omitted]). The foregoing is without prejudice to any proceedings that may be taken once an estate representative has been duly substituted.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 28, 2013

CLERK

20130328

© 1992-2013 VersusLaw Inc.



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