| Angelo Ruotolo v Anthony Garzillo |
| Motion No: 2018-00234 KC |
| Slip Opinion No: 2018 NY Slip Op 78224(U) |
| Decided on July 10, 2018 |
| 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
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Angelo Ruotolo, Appellant, v Anthony Garzillo, Respondent, et al., Undertenants. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered September 26, 2017. The order denied appellant's motion for interim use and occupancy and prepetition arrears. By subsequent order of that court dated January 12, 2018, a motion by respondent for summary judgment dismissing the petition was granted.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as there is no longer a proceeding pending in the Civil Court (see Livny v Rotella, 305 AD2d 377 [2003]).
ENTER:
Paul Kenny
Chief Clerk