Appellate Division: Second Judicial Department

M41935

S/sl

ROBERT W. SCHMIDT, J.P.

DANIEL F. LUCIANO

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-11124 Jun Sofue, appellant, v Mickiko Kurahashi, respondent. (Index No. 00-2003)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Westchester County, dated August 31, 2004, on the ground that the appellant has absconded and is no longer available to obey the mandate of this court, and cross motion by Jones Garneau, LLP, counsel for the appellant, for leave to withdraw as counsel for the appellant and to seal the papers submitted in support of the cross motion. By decision and order on motion dated May 26, 2006, the cross motion was granted, Jones Garneau, LLP was directed to serve its client with a copy of the respondent's motion and the decision and order on motion dated May 26, 2006, by one of the methods specified in CPLR 2103(c), at his last known residence address and his last known e-mail address, the respondent's motion was held in abeyance in the interim, and the appellant was given until June 23, 2006, to file opposition to the respondent's motion. No opposition has been filed.

Upon the papers filed in support of the motion to dismiss the appeal and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted and the appeal is dismissed (see Matter of Gerald G.G., 46 NY2d 1036), with costs to the respondent.

SCHMIDT, J.P., LUCIANO, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court