| Zinnamon v Fairfield Presidential Associates |
| Motion No: 2006-02053 |
| Slip Opinion No: 2014 NY Slip Op 77946(U) |
| Decided on July 16, 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
M177010
E/sl
WILLIAM F. MASTRO, J.P.
LEONARD B. AUSTIN
JEFFREY A. COHEN
HECTOR D. LASALLE, JJ.
|
2006-02053 Robert Zinnamon, et al., respondents, v Fairfield Presidential Associates, et al., appellants. (Index No. 35557/03)
| DECISION & ORDER ON MOTION |
Appeal by Fairfield Presidential Associates, Fairfield Presidential Houses, Inc., and Fairfield Towers Condominium from an order of the Supreme Court, Kings County, dated February 10, 2006. The respondent Robert Zinnamon died during the pendency of the appeal and no substitution has been made. By order to show cause dated May 27, 2014, the parties were directed to show cause before this Court why an order should or should not be made and entered pursuant to CPLR 1021 dismissing the above-entitled appeal for failure to effect timely substitution for the respondent Robert Zinnamon. Application by the appellants to withdraw the appeal.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn; and it is further,
ORDERED that the motion to dismiss the appeal is denied as academic.
MASTRO, J.P., AUSTIN, COHEN and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court