| Matter of Murray v Delvecchio |
| Motion No: 2015-11664 |
| Slip Opinion No: 2017 NY Slip Op 83584(U) |
| Decided on August 22, 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
M235765
E/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2015-11664 In the Matter of Kristi Lee Murray, petitioner- respondent, v Michael Richard Delvecchio, appellant, Gary Simonson, et al., respondents- respondents. (Docket No. O-7939-16)
| DECISION & ORDER ON MOTION |
Appeal by Michael Richard Delvecchio from an order of the Family Court, Suffolk County, dated October 15, 2015. The appellant died on January 27, 2017.
Now, on the Court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that the appeal abated upon the death of the appellant and the issues were rendered academic (see Paesch v Paesch, 70 NY2d 723; Matter of Charles C. E., 129 AD3d 721).
ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court