Majority
p. 771Judith S. Gould, Respondent, v. Ruth Feuerzeig, as Executrix of Dan Feuerzeig, Deceased, Appellant.
Appeal from order entered on September 7, 1961 unanimously dismissed, with $20 costs and disbursements to respondent. The notice of appeal was issued at a time when the defendant was deceased. Such notice, issued in the name of the deceased defendant, is void and accordingly there is no appeal pending before this court (Speier v. St. Francis Church, 3 A D 2d 732 ; Matter of Huberman V. O’Connell, 282 App. Div. 762 ). Concur—Botein, P. J., Breitel, Rabin, Stevens and Eager, JJ.