| Matter of Spencer v Linden Houses |
| Motion No: 2021-01685 |
| Slip Opinion No: 2021 NY Slip Op 70678(U) |
| Decided on August 25, 2021 |
| 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
M278821
E/sl
SYLVIA O. HINDS-RADIX, J.P.
LINDA CHRISTOPHER
LARA J. GENOVESI
DEBORAH A. DOWLING, JJ.
|
2021-01685 In the Matter of Tracey Spencer, petitioner, v Linden Houses, respondent. (Index No. 3/2019)
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Kings County, dated September 4, 2019. Motion by New York Legal Assistance Group, the petitioner's former counsel, to withdraw the proceeding.
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 dismissed without prejudice to seeking appointment of a personal representative for the deceased petitioner in an appropriate forum and to renewing the motion in this Court following substitution of the personal representative for the deceased petitioner, and amendment of the caption accordingly, in this proceeding.
HINDS-RADIX, J.P., CHRISTOPHER, GENOVESI and DOWLING, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court