| Mancini v Hardscrabble Commons Associates |
| Motion No: 2003-09337 |
| Slip Opinion No: 2006 NYSlipOp 62756(U) |
| Decided on February 7, 2006 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M34738
S/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2003-09337 Rocco Mancini, et al., respondents, v Hardscrabble Commons Associates, etc., et al., appellants. (Index No. 144/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss the appeal on the ground that it has been rendered academic, or, to strike point III of the appellants' reply brief on the ground that it raises an issue not raised in the appellants' main brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court