Practice point: The death of a party terminates the attorney's authority to act on behalf of the deceased party.
Application: The plaintiff died after the commencement of this action, and no substitution was effected. Nevertheless, counsel that had represented the plaintiff prior to his death purportedly took this appeal on his behalf. Since counsel lacks the authority to act on the plaintiff's behalf, the appeal purportedly taken on the plaintiff's behalf must be dismissed.
Guthrie vs. New York-Presbyt. Brooklyn Methodist Hosp., NY Slip Op 05383 (2d Dep't September 23, 2026)
