Matter of Del Barrio v Carroll
Motion No: 2013-01662
Slip Opinion No: 2013 NY Slip Op 77587(U)
Decided on June 21, 2013
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

M158320

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SYLVIA HINDS-RADIX, JJ.

2013-01662

In the Matter of George Del Barrio, respondent,

v Myka Carroll, appellant.

(Docket No. V-00121-13)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal, by permission, from an order of the Supreme Court, Kings County (IDV Part), dated February 6, 2013, to enlarge the time to perfect the appeal and to extend the stay of enforcement of the order dated February 6, 2013, which was granted by decision and order on motion of this Court dated February 27, 2013.

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 on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the order dated February 6, 2013, was superseded by an order of the same court dated May 7, 2013; and it is further,

ORDERED that the stay granted by decision and order on motion of this Court dated February 27, 2013, is vacated; and it is further,

ORDERED that the motion is denied as academic.

BALKIN, J.P., LEVENTHAL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court