The part of the order that severed the action against the party, who at that point was deceased, is vacated as void, as no legal representative has been appointed. An earlier order, issued while the party was alive, is not void. However, an appeal from that order will be dismissed, without prejudice, if an estate representative has not been appointed.
Bonnaig v. Walton, NY Slip Op 09103 (1st Dep't December 19, 2019)
Here is the decision.
