| Golden v City of New York |
| Motion No: 2015-04122 |
| Slip Opinion No: 2019 NY Slip Op 70939(U) |
| Decided on May 21, 2019 |
| 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
M261918
E/mm
MARK C. DILLON, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY, JJ.
|
2015-04122 Michael Golden, appellant, v City of New York, et al., respondents, et al., defendant. (Index No. 19549/07)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated February 13, 2015. Michael Golden died on October 4, 2014. By order to show cause dated March 4, 2019, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal and vacating the order dated February 13, 2015, as a nullity.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss is granted, the appeal is dismissed, without costs or disbursements, and the order dated February 13, 2015, is vacated (see Lewis v Kessler, 12 AD3d 421).
DILLON, J.P., MILLER, HINDS-RADIX and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court