Appellate Division: Second Judicial Department

M102834

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2006-01530 Reliance Federal Savings Bank, etc., appellant, v Philip Pascucci, et al., respondents. (Index No. 11580/93)

DECISION & ORDER ON MOTION

Motion by the appellant to hold in abeyance an appeal from an order of the Supreme Court, Richmond County, dated January 2, 2006, pending determination by the Supreme Court, Richmond County, of the issues remitted to it by the decision and order of this court dated January 30, 2007, which determined an appeal from an order of the same court dated August 17, 2004, under Appellate Division Docket No. 2004-08694. By decision and order on motion dated March 22, 2007, the motion was granted, and the appeal was held in abeyance pending determination by the Supreme Court, Richmond County, of the issues remitted to it by the decision and order dated January 30, 2007. The appellant was to advise this court when the Supreme Court, Richmond County, issued its determination. The appellant has not contacted this court and the appellant has not responded to phone calls regarding the status of proceedings in the Supreme Court. By order to show cause dated April 7, 2010, the parties or their attorneys were directed to show cause before this court why an order should not be made and entered dismissing the above- entitled appeal as abandoned.

Upon the court's own motion and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the decision and order on motion of this court dated March 22, 2007, is recalled and vacated and the motion to hold the appeal in abeyance is denied.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court