Q C. SUBRAHIMOVIC v. SPIRO
2012-2235 Q C. SUBRAHIMOVIC v. SPIRO — Appeal from an order of the Civil Court of the City of New York, Queens County, entered August 27, 2012.
On the court's own motion, it is
ORDERED that the appeal is dismissed and the order is vacated.
The order appealed from recites that respondent had died prior to the determination of her motion. The death of a party divests the court of jurisdiction and stays the proceedings until a proper substitution has been made pursuant to CPLR 1015(a). Thus, the order is a nullity (see JP. Morgan Chase Bank, N.A v. Rosenberg, 90 AD3d 713 ).