Matter of Herman v Herman
Motion No: 2010-03489
Slip Opinion No: 2010 NY Slip Op 70667(U)
Decided on May 6, 2010
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M102374

S/sl

JOSEPH COVELLO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2010-03489, 2010-03490

In the Matter of Rochel Herman, respondent,

v Joel Herman, appellant.

(Docket Nos. V-10631/10, V-10632/10)

DECISION & ORDER ON MOTION

Appeal by Joel Herman from two orders of the Family Court, Kings County, dated April 8, 2010, and April 9, 2010, respectively.

On the court's own motion, it is

ORDERED that the order to show cause of this court dated April 28, 2010, which directed the parties, or their attorneys, to show cause before this court why an order should or should not be made and entered dismissing the above-entitled appeals on the ground that the appellant has absconded and is no longer available to obey the mandate of this court (see Matter of Gerald G.G., 46 NY2d 1036), is recalled and vacated; and it is further,

ORDERED that the appeals are dismissed, without costs or disbursements, on the ground that the appeals have been rendered academic in light of the relief granted by this court pursuant to CPLR 5704 on April 14, 2010.

COVELLO, J.P., DICKERSON, ENG and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court