| Matter of Green v Fischer |
| Motion No: 2008-02070 |
| Slip Opinion No: 2008 NYSlipOp 92380(U) |
| Decided on December 18, 2008 |
| 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
M80139
E/cb
A. GAIL PRUDENTI, P.J.
MARK C. DILLON
RANDALL T. ENG
JOHN M. LEVENTHAL, JJ.
|
2008-02070 In the Matter of Andrew Green, appellant, v Brian Fischer, etc., respondent.
(Index No. 6881/07)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated December 12, 2008, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Dutchess County, dated January 29, 2008, on the ground that it has been rendered academic.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, as academic in light of the appellant's resentence.
PRUDENTI, P.J., DILLON, ENG and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court