| Gonzalez v County of Suffolk |
| Motion No: 2006-09228 |
| Slip Opinion No: 2007 NYSlipOp 83035(U) |
| Decided on November 7, 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
M57194
S/sl
STEPHEN G. CRANE, J.P.
DANIEL D. ANGIOLILLO
EDWARD D. CARNI
WILLIAM E. McCARTHY, JJ.
|
2006-09228 Felipe Gonzalez, etc., et al., respondents, v County of Suffolk, et al., appellants. (Index No. 28892-94)
| DECISION & ORDER ON MOTION |
Appeal by the defendants from an order of the Supreme Court, Suffolk County, dated July 10, 2006. The appellant Ramona Rodriguez 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. Stipulation by the parties to withdraw the appeal.
Upon the court's own motion and upon the papers filed in response thereto, and upon the stipulation of the parties, it is
ORDERED that the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion 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