| Matter of Smith v Kearns |
| Motion No: 2005-09479 |
| Slip Opinion No: 2006 NYSlipOp 81152(U) |
| Decided on December 4, 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
M47772
E/sl
HOWARD MILLER, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
ROBERT J. LUNN, JJ.
|
2005-09479 In the Matter of Robert L. Smith, appellant, v Margaret Kearns, respondent. (Docket No. V-22432/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Family Court, Suffolk County, dated September 2, 2005, on the ground that it has been rendered academic by an order of the same court dated April 21, 2006, entered in a proceeding entitled Matter of Deirdra pending in the Family Court, Suffolk County, under Docket No. A-103/05.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements.
MILLER, J.P., RIVERA, SKELOS and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court