| Matter of Brilliant v Gamache |
| Motion No: 2005-11973 |
| Slip Opinion No: 2006 NYSlipOp 74094(U) |
| Decided on August 18, 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 is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M43452
A/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
ROBERT J. LUNN
JOSEPH COVELLO, JJ.
|
2005-11973 In the Matter of Elizabeth Brilliant, etc., petitioner-respondent, v David Gamache, et al., respondents-respondents, Duane W. Smith, et al., appellants. (Index No. 5838/05)
| DECISION & ORDER ON MOTION Motion To Dismiss Appeal |
Motion by the respondent-respondent Erick Haight to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated December 23, 2005, on the ground that it has been rendered academic.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements.
ADAMS, J.P., RITTER, LUNN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court