| Bruce L. Stein, Pub. Adm'r Kings Temporary Adm'r of Estate of Alice Parker Gordon, Etc., Et Al. v Jeff's Express, Inc., Et Al. |
| Motion No: 2011-00537 kc |
| Slip Opinion No: 2013 NY Slip Op 68516(U) |
| Decided on March 14, 2013 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHELLE WESTON, J.P.
JAIME A. RIOS
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Bruce L. Stein, Public Administrator Kings Temporary Administrator of the Estate of Alice Parker Gordon, etc., et al., Respondents, v Jeff's Express, Inc., et al., Appellants, et al., Occupants. |
Appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered February 2, 2011. By decision and order of this court dated October 5, 2012, the matter was remitted to the Civil Court to hear and report whether the petition and notice of petition had been properly served, and the appeal was held in abeyance in the interim. By order dated March 5, 2013, the Civil Court, following a traverse hearing, sustained the traverse, implicitly vacated the final judgment, and dismissed the petition.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed as academic (see Livny v Rotella, 305 AD2d 377 [2003]).
ENTER:
Paul Kenny
Chief Clerk