Appellate Division: Second Judicial Department

M40007

J/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-09016 Andrew Weisel, plaintiff-respondent, v Village of Old Westbury, defendant-respondent, County of Nassau, appellant, et al., defendants. (Index No. 16781/04)

ORDER TO SHOW CAUSE

Appeal by the defendant County of Nassau, as limited by its brief, from so much of an order of the Supreme Court, Nassau County, entered August 18, 2005, as (1) denied that branch of its motion for summary judgment which was to dismiss the complaint as against it, and (2) granted the plaintiff's cross motion for leave to amend the notice of claim.

Now, on the court's own motion, it is

ORDERED that the parties or their attorneys show cause before this court why an order should or should not be made and entered dismissing this appeal on the ground that the appeal, as limited by the appellant's brief, has been rendered academic by the stipulation dated April 3, 2006, which discontinued the plaintiff's claims against the appellant, by each filing an affirmation on that issue in the office of the Clerk of this court on or before June 22, 2006; and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of this order to show cause on the attorneys for the respective parties.

KRAUSMAN, J.P., GOLDSTEIN, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court