Bilboa v City of New York
Motion No: 2017-05317
Slip Opinion No: 2018 NY Slip Op 80333(U)
Decided on August 13, 2018
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

M253862

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2017-05317

Robert P. Bilboa, et al., appellants,

v City of New York, et al., respondents.

(Index No. 14597/14)

DECISION & ORDER ON MOTION

Motion by the respondent City of New York, in effect, to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 31, 2017, insofar as taken against it on the ground that it has been rendered academic by its settlement of the underlying action with the plaintiff.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal insofar as taken against the City of New York is dismissed, without costs or disbursements.

RIVERA, J.P., AUSTIN, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court