Matter of Ocasio v Mesa
Motion No: 2020-01738
Slip Opinion No: 2020 NY Slip Op 76833(U)
Decided on December 30, 2020
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 DepartmentM274827

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH J. MALTESE

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2020-01738

In the Matter of Sarah T. Ocasio, appellant,

v Juan Tomas Mesa, respondent.

(Docket Nos. V-443-2017, V-443-2017/2019A,

V-444-2017, V-446-2017, V-446-2017/2019A,

V-444-2017/2019A, V-445-2017, V-445-2017/2019

DECISION & ORDER ON MOTION






A)

Appeal, by permission, from of an order of the Supreme Court, Kings County (IDV Part), dated February 5, 2020. Motion by the appellant to extend the time to perfect the appeal and for leave to acquire the transcripts of the proceedings at the rates charged to assigned counsel. By order to show cause dated October 2, 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 proceedings on the ground that the appeal has been rendered academic, and the appellant's 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 appellant's 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 stay granted by decision and order on motion of this Court dated March 2, 2020, is vacated forthwith; and it is further,

ORDERED that the appellant's motion is denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court