| Matter of Woods v Ercole |
| Motion No: 2006-08690 |
| Slip Opinion No: 2007 NYSlipOp 82142(U) |
| Decided on October 25, 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
M61625
S/sl
ROBERT A. SPOLZINO, J.P.
GABRIEL M. KRAUSMAN
EDWARD D. CARNI
THOMAS A. DICKERSON, JJ.
|
2006-08690 In the Matter of Charles Woods, petitioner, v R. Ercole, etc., et al., respondents. (Index No. 2233/06)
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Dutchess County, dated September 7, 2006. The petitioner died during the pendency of the proceeding.
Now, on the court's own motion, it is
ORDERED that the proceeding is dismissed as academic, without costs or disbursements, as the proceeding abated upon the death of the petitioner (see Matter of Schulz v Rush-Henrietta Cent. School Dist. Bd. of Educ., 222 AD2d 1015).
SPOLZINO, J.P., KRAUSMAN, CARNI and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court