N.Y. Civil Practice Law & Rules § 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 the

successors or representatives of a party or by any party. If a person

who should be substituted does not appear voluntarily he may be made a

party defendant. If the event requiring substitution occurs before final

judgment and substitution is not made within a reasonable time, the

action may be dismissed as to the party for whom substitution should

have been made, however, such dismissal shall not be on the merits

unless the court shall so indicate. If the event requiring substitution

occurs after final judgment, substitution may be made in either the

court from or to which an appeal could be or is taken, or the court of

original instance, and if substitution is not made within four months

after the event requiring substitution, the court to which the appeal is

or could be taken may dismiss the appeal, impose conditions or prevent

it from being taken. Whether or not it occurs before or after final

judgment, if the event requiring substitution is the death of a party,

and timely substitution has not been made, the court, before proceeding

further, shall, on such notice as it may in its discretion direct, order

the persons interested in the decedent's estate to show cause why the

action or appeal should not be dismissed.