| McCarthy v McCarthy |
| Motion No: 2015-00786 |
| Slip Opinion No: 2017 NY Slip Op 73535(U) |
| Decided on May 11, 2017 |
| 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
M231033
E/sl
WILLIAM F. MASTRO, J.P.
CHERYL E. CHAMBERS
ROBERT J. MILLER
JOSEPH J. MALTESE, JJ.
|
2015-00786 Kevin McCarthy, respondent, v Michelle D. McCarthy, appellant. (Index No. 361/12)
| DECISION & ORDER ON MOTION |
The defendant having appealed from an order of the Supreme Court, Suffolk County, dated December 3, 2014, the appeal having been perfected on August 31, 2015, the plaintiff having filed a brief on November 30, 2015, and the defendant having filed a reply brief on December 17, 2015. By order to show cause dated February 23, 2017, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the appeal had been rendered academic by a stipulation entered into by the parties on April 9, 2015.
Upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed as academic, without costs or disbursements.
MASTRO, J.P., CHAMBERS, MILLER and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court