2012-678 D C. MCAULEY v. ELMCREST HOMEOWNERS ASSN — On the court's own motion, it is

ORDERED that this court's decision and order on motion dated September 6, 2012 is recalled and vacated, and the following is substituted therefor:

Motion by respondent to dismiss an appeal from a judgment of the Justice Court of the Village of Fishkill, Dutchess County, entered November 2, 2011, on the ground that respondent was not served with the notice of appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, that the appeal is dismissed as academic, as by order dated June 13, 2012 the Justice Court, in effect, sua sponte vacated the judgment entered November 2, 2011; and it is further,

ORDERED that respondent's motion is denied as moot.