In re the Appointment of a Committee of the Person & Property of Thomas
Cases that cite this one
3 later published cases cite this decision.
- In re Conservatorship of Franke (Neb. 2016)
- In re Borack (Appellate Division of the Supreme Court of New York 1997)
- Forcino v. Miele (Appellate Division of the Supreme Court of New York 1986)
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
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.