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This entry was published on 2014-09-22
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SECTION 1019
Substitution of public officers
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 10
§ 1019. Substitution of public officers. If a person made a party in
his capacity as public officer dies or otherwise ceases to hold office,
the action may be continued by or against his successor if it is shown
to the court that there is need for so continuing it. Before a
substitution is made his successor and, unless the court otherwise
orders, the party shall be given reasonable notice of the motion and
accorded an opportunity to object. When, in accordance with section
1023, an officer is described by his official title and his name is not
added, no substitution is necessary.