Appellate Division: Second Judicial Department

M270886

kbp/

ALAN D. SCHEINKMAN, P.J.

CHERYL E. CHAMBERS

SHERI S. ROMAN

LINDA CHRISTOPHER, JJ.

2019-13821 In the Matter of Elizabeth Mondschein, appellant, v Gail B. Rice, etc., et al., respondents. (Index No. 2806/19)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to compel Acting Family Court Judge Gail B. Rice of the Family Court, Westchester County, to comply with a decision and order of this Court dated August 28, 2019, on an appeal from a judgment of the Supreme Court, Westchester County, dated December 2, 2019. By order to show cause dated January 16, 2020, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding on the ground that the appeal has been rendered academic, as Judge Gail B. Rice has retired from the bench effective January 1, 2020, and the motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is denied as academic.

SCHEINKMAN, P.J., CHAMBERS, ROMAN and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court