Matter of Dinger, deceased
Motion No: 2015-00007
Slip Opinion No: 2016 NY Slip Op 77663(U)
Decided on June 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M213780

J/sl

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2015-00007

In the Matter of May Dinger, deceased.

David Thompson, Jr., petitioner-respondent;

Mary Ann Dinger Gunther, respondent-

appellant.

(File No. 373/14)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent to dismiss an appeal from an order of the Surrogate's Court, Richmond County, dated December 2, 2014, on the ground that it has been rendered academic.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

LEVENTHAL, J.P., SGROI, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court