| Cook v Arthur |
| Motion No: 2015-12690 |
| Slip Opinion No: 2016 NY Slip Op 67745(U) |
| Decided on March 21, 2016 |
| 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
M208442
E/sl
CHERYL E. CHAMBERS, J.P.
JEFFREY A. COHEN
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY, JJ.
|
2015-12690 Kimberly S. Cook, respondent, v Lexine V. Arthur, appellant. (Index No. 608666/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal, by permission, from an order to show cause of the Supreme Court, Suffolk County, dated December 22, 2015, on the ground that it has been superseded by an order of the same court dated January 27, 2016, and the appeal has been rendered academic.
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 the motion is granted, the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the stay of enforcement of the temporary restraining order contained in the order to show cause, which was granted by decision and order on motion of this Court dated January 20, 2016, is vacated forthwith.
CHAMBERS, J.P., COHEN, DUFFY and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court