Appellate Division: Second Judicial Department

M52791

S/sl

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

1999-11856 Conrad Garcia, appellant, v Sparkle Dental, et al., respondents. (Index No. 99-12292)

DECISION & ORDER ON MOTION

The plaintiff having appealed to this court from an order of the Supreme Court, Westchester County, dated November 5, 1999, and the appellant's appendix and brief having been filed on May 31, 2000, and the respondent's brief having been filed on June 26, 2000, the appeal was placed on this court's calendar for October 10, 2000. The appeal was removed from the calendar after the parties informed the court that a subsequent order of the Supreme Court, Westchester County, had dismissed the complaint. The plaintiff did not file a notice of appeal from that subsequent order. By order to show cause dated June 22, 2005, the appellant and the respondent or their counsel were directed to show cause before this court why an order should or should not be entered dismissing the appeal on the ground that it has been rendered academic by each filing an affirmation or affidavit on that issue with the Clerk of this court on or before July 20, 2005.

Upon 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.

SCHMIDT, J.P., GOLDSTEIN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court