Elm Realty, Inc. v. Office of Rent Control (75 A.D.2d 592, 1980)

On the court’s own motion, its decision and order, both dated May 8, 1978, are hereby amended to provide that the same shall be entered nunc pro tunc in this court as of April 24, 1978—the date of the submission of the appeal to this court, the petitioner, Peter D. Visco, having died on April 28, 1978 (see Kaye v Associated Metals & Mins. Corp., 18 AD2d 1014; Russell v Butler Grocery Co., 240 App Div 31). Hopkins, J. P., Cohalan, Margett and O’Connor, JJ., concur.