| Betzy Echevarria v Jocelyn Figueroa |
| Motion No: 2024-00160 KC |
| Slip Opinion No: 2024 NY Slip Op 70493(U) |
| Decided on June 28, 2024 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
WAVNY TOUSSAINT, P.J.
MARINA CORA MUNDY
LISA S. OTTLEY, JJ.
DECISION & ORDER ON MOTION
| Betzy Echevarria, Respondent, v Jocelyn Figueroa, Appellant. |
Motion by appellant for a preference in the calendaring of an appeal from an order of the Civil Court of the City of New York, Kings County, dated January 26, 2024. Separate motion by appellant for leave to prosecute the appeal despite a stipulation of discontinuance.
Upon the papers filed in support of the motions and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions are consolidated for the purposes of disposition; and it is further,
ORDERED, on the court's own motion, that the appeal is dismissed as academic as, by stipulation dated March 18, 2024, the parties discontinued the proceeding (see Livny v Rotella, 305 AD2d 377 [2003]); and it is further,
ORDERED that the motions are denied as moot.
ENTER:
Paul Kenny
Chief Clerk