| WALTER J. NARY, II, V ROSEMARY JONIENTZ, . |
| Motion No: CA 12-01909 |
| Slip Opinion No: 2013 NY Slip Op 72559(U) |
| Decided on April 26, 2013 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-01909
| WALTER J. NARY, II, PLAINTIFF-RESPONDENT-APPELLANT,
V ROSEMARY JONIENTZ, DEFENDANT-APPELLANT-RESPONDENT. (APPEAL NO. 1.) |
Plaintiff-respondent-appellant having moved vacate dismissal of his cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on May 2, 2012,
Now, upon reading and filing the affirmation of Richard P. Amico, Esq., dated April 2, 2013, the notice of motion with proof of service thereof, and the affirmation of Gary H. Abelson, Esq., and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as moot due to this Court's order entered April 12, 2013.
Entered: April 26, 2013
Frances E. Cafarell, Clerk