| Matter of Cesario v Miller |
| Motion No: 2024-08031 |
| Slip Opinion No: 2025 NY Slip Op 74133(U) |
| Decided on August 8, 2025 |
| 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
M307098
AFA/
VALERIE BRATHWAITE NELSON, J.P.
ROBERT J. MILLER
DEBORAH A. DOWLING
CARL J. LANDICINO, JJ.
|
2024-08031 In the Matter of Edelmiro Cesario, petitioner, v Mark Miller, etc., respondent. (Index No. 596/2023)
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Dutchess County, dated August 13, 2024. Motion by the respondent to dismiss the appeal on the ground that it has been rendered academic.
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 granted, and the appeal is dismissed, without costs or disbursements, on the ground that it has been rendered academic.
BRATHWAITE NELSON, J.P., MILLER, DOWLING and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court