| Metropolitan Property & Casualty Insurance Company v C |
| Motion No: 2003-10665 |
| Slip Opinion No: 2007 NYSlipOp 73707(U) |
| Decided on July 16, 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
M57132
E/sl
STEPHEN G. CRANE, J.P.
DANIEL D. ANGIOLILLO
EDWARD D. CARNI
WILLIAM E. McCARTHY, JJ.
|
2003-10665 Metropolitan Property & Casualty Insurance Company, appellant, v Mary Celestin, respondent. (Index No. 7882/03)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from an order of the Supreme Court, Nassau County, dated November 12, 2003. The respondent Mary Celestin died during the pendency of the appeal and no substitution has been made. By order to show cause dated June 4, 2007, as amended June 8, 2007, the parties to the appeal and the persons interested in the estate of the deceased party thereto were directed to show cause why an order should not be made pursuant to CPLR 1021 dismissing the appeal for failure to effect timely substitution. Application by the appellant to withdraw the appeal.
Upon the court's own motion and upon the papers filed in response thereto, and upon the application, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without cost or disbursements; and it is further,
ORDERED that the order to show cause to dismiss the appeal is denied as academic.
CRANE, J.P., ANGIOLILLO, CARNI and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court