| Matter of Baldi v Baldi |
| Motion No: 2014-10622 |
| Slip Opinion No: 2016 NY Slip Op 77106(U) |
| Decided on June 17, 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
M213412
P/sl
CHERYL E. CHAMBERS, J.P.
LEONARD B. AUSTIN
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2014-10622 In the Matter of Renee Baldi, respondent, v Richard Baldi, appellant. (Docket Nos. V-16288-11/14C, V-16289-11/14C)
| DECISION & ORDER ON MOTION |
Application by Susan A. DeNatale, Esq., to withdraw an appeal from an order of the Family Court, Suffolk County, dated September 30, 2014.
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 dismissed as Susan A. DeNatale, Esq., does not have the authority to make the application (see CPLR 1015); and it is further,
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 May 30, 2016 (see Matter of Mary Ellen C. v Joseph William C., 79 AD2d 1024).
CHAMBERS, J.P., AUSTIN, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court