In re the Appointment of a Committee of the Person & Property of Thomas

New York Court of Appeals
In re the Appointment of a Committee of the Person & Property of Thomas, 21 N.Y.2d 720 (N.Y. 1967)
234 N.E.2d 705; 287 N.Y.S.2d 683; 1967 N.Y. LEXIS 1005

In re the Appointment of a Committee of the Person & Property of Thomas

Opinion of the Court

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.

Reference

Full Case Name
In the Matter of the Appointment of a Committee of the Person and Property of Mary L. Thomas, an Alleged Incompetent Person, Harry Baumeister, as Co-Committee
Cited By
4 cases
Status
Published