Matter of Nunez v Lamanna
Motion No: 2019-01168
Slip Opinion No: 2019 NY Slip Op 85756(U)
Decided on December 10, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M267951

kbp/

WILLIAM F. MASTRO, J.P.

COLLEEN D. DUFFY

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2019-01168

In the Matter of Raul Nunez, petitioner,

v Jamie Lamanna, etc., respondent.

(Index No. 2245/18)

DECISION & ORDER ON MOTION

Motion by the respondent, in effect, to abate a proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Dutchess County, dated January 28, 2019, upon the death of the petitioner on August 10, 2019.

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 proceeding is dismissed.

MASTRO, J.P., DUFFY, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court