| Wegner v City of New York |
| Motion No: 2004-04559 |
| Slip Opinion No: 2006 NYSlipOp 60281(U) |
| Decided on January 5, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
Appellate Division: Second Judicial Department
M34453
S/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
|
2004-04559 Thelma Wegner, et al., respondents, v City of New York, defendant, Nathan Katz Realty, LLC, et al., appellants. (Index No. 3986/02)
| DECISION & ORDER ON MOTION |
Appeal by Nathan Katz Realty, LLC, and Nathan Katz from an order of the Supreme Court, Queens County, dated March 23, 2004. The appellants perfected the appeal on November 5, 2004. In about January 2005, the appellants advised the court that the case had been settled and the appeal would be withdrawn. The appellants have not withdrawn the appeal or advised the court that the case should be calendared. By order to show cause dated December 7, 2005, the appellants were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal as abandoned.
On the court's own motion and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements.
FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court