Opinion
Motion No: 2014-00113 SC
03-18-2014
Plycon Transportion Group, LLC et al., Respondents, v. Stephen Kirschenbaum, Appellant.
, P.J.
ANGELA G. IANNACCI
ANTHONY MARANO, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Suffolk County Court entered August 22, 2012. The order denied appellant's motion to dismiss the complaint. By so-ordered stipulation dated August 26, 2013, the action was settled. The stipulation provides for the withdrawal of appellant's and respondents' respective claims, and, among other things, that it does not affect the appeals taken by appellant, but it does not provide for the reinstatement of the parties' claims or the recoupment of funds paid as part of the settlement if the order appealed from should be reversed. By order to show cause dated February 10, 2014, the parties were directed to show cause before this court why the above-entitled appeal from the order denying appellant's motion to dismiss should not be dismissed on the ground that the stipulation of settlement rendered the appeal academic as there is no longer an action pending.
Now, upon the order to show cause and the papers filed in support of and in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see Livny v Rotella, 305 AD2d 377 [2003]; Horizon Radiology, P.C. v Allstate Prop. & Cas. Ins. Co., 41 Misc 3d 138[A], 2013 NY Slip Op 51916[U] [App Term, 2d, 11th & 13th Jud Dists 2013]).
ENTER:
Paul Kenny
Chief Clerk