Berry v Williams
Motion No: 2005-05184
Slip Opinion No: 2006 NYSlipOp 64803(U)
Decided on March 9, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M36954

Y/sl

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-05184

David Berry, et al., respondents,

v Randolph L. Williams, etc., et al.,

appellants.

(Index No. 4973/00)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated May 4, 2005, on the ground that it has been rendered academic.

Upon the papers filed in support of the motion and upon the consent of the parties, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, on the ground that it has been rendered academic.

ADAMS, J.P., MASTRO, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court