| Matter of McQueen v Ercole |
| Motion No: 2006-08689 |
| Slip Opinion No: 2007 NYSlipOp 69305(U) |
| Decided on May 10, 2007 |
| 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
M54485
E/sl
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2006-08689 In the Matter of Dannie McQueen, petitioner, v Robert Ercole, respondent. (Index No. 1089/06)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss a proceeding pursuant to CPLR article 78 which was transferred to this court by order and judgment (one paper) of the Supreme Court, Dutchess County, dated September 5, 2006, on the ground that the proceeding 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 proceeding is dismissed, without costs or disbursements.
RIVERA, J.P., SKELOS, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court