| Linden Estates Inc. v Annette Hamilton |
| Motion No: 2024-00531 QC |
| Slip Opinion No: 2025 NY Slip Op 82415(U) |
| Decided on December 8, 2025 |
| 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
| Linden Estates Inc., Respondent, v Annette Hamilton, Appellant, "John Doe" and "Jane Doe", Undertenants. |
Appeal from an order of the Civil Court of the City of New York, Queens County, dated May 3, 2024. By decision and order of this court dated September 3, 2025, on the court's own motion, the parties were ordered to show cause why the appeal should not be dismissed in light of an order dated February 6, 2025 which granted respondent's application to withdraw the petition without prejudice (see Livny v Rotella, 305 AD2d 377 [2003]), by filing an affidavit or affirmation (see CPLR 2106) with this court on or before October 15, 2025.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed as academic.
ENTER:
Jennifer Chan
Acting Chief Clerk