Opinion
Motion No. 2022-09031 Index No. 4096/2022
04-17-2024
Unpublished Opinion
MOTION DECISION
M295828
MARK C. DILLON, J.P., ROBERT J. MILLER, DEBORAH A. DOWLING, HELEN VOUTSINAS, JJ.DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Orange County, dated October 13, 2022. Motion by the respondent to dismiss the appeal on the ground that it has been rendered academic 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 is granted and the appeal is dismissed, without costs or disbursements (see Matter of Postall v Alexander, 74 A.D.3d 1078); and it is further, ORDERED that the branch of the motion which is to extend the time to serve and file a brief is denied as academic.
DILLON, J.P., MILLER, DOWLING and VOUTSINAS, JJ., concur.