Hiwot v Koutras-Hiwot
Motion No: 2022-04401
Slip Opinion No: 2024 NY Slip Op 77386(U)
Decided on October 28, 2024
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 Department

M300311

KS/

VALERIE BRATHWAITE NELSON, J.P.

LINDA CHRISTOPHER

HELEN VOUTSINAS

PHILLIP HOM, JJ.

2022-04401

Tesfaye Hiwot, appellant,

v Penelopi Koutras-Hiwot, respondent.

(Index No. 50195/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Richmond County, dated May 12, 2022. Motion by the respondent to dismiss the appeal on the ground that the order was superseded by a judgment of the same court entered June 10, 2022, or, in the alternative, to extend the time to serve and file a brief.

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ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the order was superseded by the judgment is granted, and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic.

BRATHWAITE NELSON, J.P., CHRISTOPHER, VOUTSINAS and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court