The appeal from the order which granted plaintiff's motion to proceed pseudonymously was dismissed. The death of a party divests a court of jurisdiction to conduct proceedings in an action until a proper substitution has been made pursuant to CPLR 1015(a). While the parties need not renew their motions, proper substitution of a defendant must be made before the motion is decided. Since the order was issued after a defendant's death and without proper substitution, the Appellate Division does not have jurisdiction to hear and determine the appeal.
Thomas v. Rubin, NY Slip Op 05112 (1st Dep't September 28, 2021)
