| Matter of Yapko v Tolli |
| Motion No: 2013-04491 |
| Slip Opinion No: 2014 NY Slip Op 66498(U) |
| Decided on March 13, 2014 |
| 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. |
Appellate Division: Second Judicial Department
M170933
E/sl
MARK C. DILLON, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
COLLEEN D. DUFFY, JJ.
|
2013-04491 In the Matter of Barbara Yapko, appellant, v Janet Tolli, et al., respondents. (Docket Nos. V-2136-12, V-2136-12/12A)
| DECISION & ORDER ON MOTION |
Motion by the appellant to withdraw an appeal from an order of the Family Court, Rockland County, dated April 3, 2013.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that on the Court's own motion the appeal is dismissed, without costs or disbursements, as the appeal abated upon the death of the appellant, on February 3, 2013 (see Matter of Mary Ellen C. v Joseph William C., 79 AD2d 1024); and it is further
ORDERED that the motion is dismissed.
DILLON, J.P., HALL, AUSTIN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court