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.
§ 1019.Substitution of public officers
Article 10. Parties Generally · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 1019 lets a lawsuit against a public officer continue against that officer's successor when the officer dies or leaves office and the court finds a need to continue it, after giving the successor and the original party notice and a chance to object.
Full Text of CPLR 1019
Plain-English Summary
Public officers come and go, and CPLR 1019 keeps official-capacity litigation from becoming hostage to that turnover. When a person who was made a party in an official capacity dies or otherwise stops holding office, the action can continue against that person's successor -- but only if it's shown to the court that continuing makes sense.
Before that substitution happens, the rule builds in a chance to object. The successor, and, unless the court directs otherwise, the original party, get reasonable notice of the substitution motion and an opportunity to raise objections before the court rules on it.
The rule also flags a case where none of this matters: when an officer is sued by title alone rather than by name, following the practice CPLR 1023 describes, no substitution is necessary at all when that officer leaves office, since the case was never tied to the individual who happened to hold the position.
Frequently Asked Questions
What happens when a public officer named in a lawsuit leaves office in New York?
Under CPLR 1019, the action may continue against the officer's successor if it's shown to the court that continuing the case makes sense.
Do I get notice before a public officer is substituted in a New York lawsuit?
Yes. CPLR 1019 requires that the successor, and generally the original party, get reasonable notice of the substitution motion and a chance to object before the court rules.
Do I need to substitute a public officer sued only by title in New York?
No. CPLR 1019 provides that when an officer is described by official title under CPLR 1023 rather than by name, no substitution is necessary if that officer leaves office.
What happens if a public officer dies while a lawsuit against them is pending?
CPLR 1019 lets the action continue against the officer's successor, following the same showing-of-need and notice requirements that apply when an officer leaves office.
What is the difference between CPLR 1019 and CPLR 1023?
CPLR 1019 governs substituting a public officer's successor when the officer was sued by name; CPLR 1023 covers the practice of suing a public officer or body by official title in the first place, which can make substitution unnecessary.
Advisory Committee Notes
See CPA § 90. This is basically Federal rule 25(d), omitting the specific time limitation.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: CPLR 1019 New Yorksubstitution of public officer New Yorksuing public officer successor New Yorkofficial capacity lawsuit New York officer leaves officenotice before substitution public officergovernment official sued by title New YorkNew York civil procedure public officer substitution