N.Y. CPLR § 1021

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 1021 Substitution procedure; dismissal for failure to substitute;presentation of appeal § 1021. Substitution procedure; dismissal for failure to substitute;presentation of appeal. A motion for substitution may be made by thesuccessors or representatives of a party or by any party. If a personwho should be substituted does not appear voluntarily he may be made aparty defendant. If the event requiring substitution occurs before finaljudgment and substitution is not made within a reasonable time, theaction may be dismissed as to the party for whom substitution shouldhave been made, however, such dismissal shall not be on the meritsunless the court shall so indicate. If the event requiring substitutionoccurs after final judgment, substitution may be made in either thecourt from or to which an appeal could be or is taken, or the court oforiginal instance, and if substitution is not made within four monthsafter the event requiring substitution, the court to which the appeal isor could be taken may dismiss the appeal, impose conditions or preventit from being taken. Whether or not it occurs before or after finaljudgment, if the event requiring substitution is the death of a party,and timely substitution has not been made, the court, before proceedingfurther, shall, on such notice as it may in its discretion direct, orderthe persons interested in the decedent's estate to show cause why theaction or appeal should not be dismissed.