| Quincy St. Owners, L.L.C. v Christon Solomon |
| Motion No: 2016-01092 KC |
| Slip Opinion No: 2017 NY Slip Op 71731(U) |
| Decided on April 14, 2017 |
| Appellate Term, 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. |
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.
ORDER TO SHOW CAUSE
| Quincy Street Owners, LLC., Respondent, v Christon Solomon, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered May 11, 2016. By letter dated April 7, 2017, respondent's counsel advised this court that the underlying proceeding has been settled and discontinued.
On the court's own motion, it is
ORDERED that the parties are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal as moot 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]), by filing an affidavit or affirmation on that issue with the Clerk of this court on or before May 18, 2017; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on appellant and on respondent's attorney by regular mail.
ENTER:
Paul Kenny
Chief Clerk