Majority
p. 720In the Matter of the Appointment of a Committee of the Person and Property of Mary L. Thomas, an Alleged Incompetent Person, Appellant. Harry Baumeister, as Co-Committee et al., Respondents. Submitted December 6, 1967; decided December 29, 1967.
Motion (1) for vacatur of the order of the Court of Appeals dated June 1, 1967 dismissing the appeal herein [see 19 N Y 2d 1015 ], (2) for substitution of the executor for the now deceased appellant Thomas as the party appellant herein, and/or (3) for clarification of said order of dismissal, dated June 1, 1967, dismissed. Upon the death of appellant Thomas the incompetency proceeding abated. (Matter of Beckwith, 87 N. Y. 503 ; Garter v. Beckwith, 128 N. Y. 312 ; Matter of Frank, 283 N. Y. 106 ; Matter of Fleming, 223 App. Div. 849 ; see, also, Ann., 54 ALR 2d 1161 .) As the action did not survive the death of appellant Thomas, CPLR 1015 does not authorize substitution of another for her as party appellant.
Cases cited
- In re the Appointment of a Committee of the Person & Property of Thomas 19 N Y 2d 1015 p. 720
- In re Beckwith 87 N. Y. 503 p. 720
- Carter v. Beckwith 128 N. Y. 312 p. 720
- In re Frank 283 N. Y. 106 p. 720