Opinion
2011-537 K C
03-14-2013
Bruce L. Stein, Public Administrator Kings Temporary Administrator of the Estate of Alice Parker Gordon, etc., et al., Respondents, v. Jeff's Express, Inc., et al., Appellants, et al., Occupants.
, J.P.
JAIME A. RIOS
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered February 2, 2011. By decision and order of this court dated October 5, 2012, the matter was remitted to the Civil Court to hear and report whether the petition and notice of petition had been properly served, and the appeal was held in abeyance in the interim. By order dated March 5, 2013, the Civil Court, following a traverse hearing, sustained the traverse, implicitly vacated the final judgment, and dismissed the petition.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed as academic (see Livny v Rotella, 305 AD2d 377 [2003]).
ENTER:
Paul Kenny
Chief Clerk