Appellate Division of the Supreme Court of New York, 2003

Outing v. Mathis

Appellate Division of the Supreme Court of New York · Decided April 14, 2003

304 A.D.2d 670; 757 N.Y.S.2d 483; 2003 N.Y. App. Div. LEXIS 3945

Cases that cite this one

1 later published case cites this decision.

Schnabel v. Huggins (Appellate Division of the Supreme Court of New York 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In a paternity proceeding pursuant to Family Court Act article 5, the mother appeals from an order of the Family Court, Nassau County (Pessala, J.), dated September 29, 1999, which, after a hearing, determined that she did not have standing to maintain the proceeding, and dismissed the petition. Justice Florio has been substituted for the late Justice O’Brien (see 22 NYCRR 670.1 [c]).

Ordered that the appeal is dismissed, without costs or disbursements, and the order dated September 29, 1999, is vacated.

The courts cannot exercise jurisdiction over a deceased person, as opposed to such a person’s personal representative (see Waldman v Mechanical Sys., 294 AD2d 354, 355 [2002]; EPTL 11-3.1). Here, this proceeding was commenced against a deceased person. Thus, the order appealed from is a nullity and must be vacated, and this Court has no jurisdiction to hear the appeal (see Waldman v Mechanical Sys., supra; Cocozzelli Lerner Meunkle & Grossman v Basile, 247 AD2d 354, 355 [1998]). Ritter, J.P., Florio, Feuerstein and Luciano, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.