of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 10, 2014, to continue a stay granted by decision and order on motion of this court dated April 17, 2015, and extended by decisions and orders on motion of this court dated October 20, 2015 and January 28, 2016. A review of the record on appeal indicates that the action was dismissed by the Civil Court, no appearance either side, on March 17, 2016. By order to show cause dated May 4, 2016, the parties were directed to show cause before this court why the above-entitled appeal should or should not be dismissed on the ground that the appeal has been rendered academic as there is no longer an action pending (see Livny v Rotella, 305 AD2d 377 [2003]; Horizon Radiology, P.C. v Allstate Prop. & Cas. Ins. Co., 41 Misc 3d 138[A], 2013 NY Slip Op 51916[U] [App Term, 2d, 11th & 13th Jud Dists 2013]).

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, and upon the order to show cause and the papers filed by appellant in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed without prejudice to appellant moving to reinstate the appeal upon a showing that the Civil Court's March 17, 2016 dismissal of the action has been vacated; and it is further,

ORDERED that appellant's motion is denied as academic.

ENTER:

Paul Kenny

Chief Clerk