| IN THE MATTER OF NICHOLAS LECLAIR AND EMILY WHIPPLE V ERICA LITTLE . |
| Motion No: OP 20-00883 |
| Slip Opinion No: 2020 NY Slip Op 72145(U) |
| Decided on September 22, 2020 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
OP 20-00883
| IN THE MATTER OF NICHOLAS LECLAIR AND EMILY
WHIPPLE, PETITIONERS, V ERICA LITTLE, ET AL., RESPONDENTS. |
Respondent Erica Little having moved to dismiss this CPLR article 78 proceeding on the grounds that the Appellate Division has no original jurisdiction to entertain the proceeding, that the proceeding is moot, and that petitioners failed to obtain personal jurisdiction over respondent Erica Little, and respondent Erica Little having moved for other relief, and petitioners having moved for a stay pursuant to CPLR 7805,
Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,
It is hereby ORDERED that respondent Erica Little's motion is granted insofar as it seeks to dismiss the proceeding and the petition is hereby dismissed, and
It is further ORDERED that petitioners' motion is dismissed.
Entered: September 22, 2020
Mark W. Bennett
Clerk of the Court