Lavore v Kir Munsey Park 020, LLC
Motion No: 2005-09012
Slip Opinion No: 2006 NYSlipOp 65091(U)
Decided on March 15, 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

M37190

S/sl

DAVID S. RITTER, J.P.

WILLIAM F. MASTRO

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2005-09012

Chris Lavore, respondent, v Kir Munsey Park

020, LLC, respondent-appellant, Whole Foods

Market Group, Inc., appellant-respondent.

(Index No. 002351-03)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Nassau County, dated August 1, 2005.

Now, on the court's own motion, it is

ORDERED that the appeal and cross appeal are dismissed, without costs or disbursements, as this appeal and cross appeal is a duplicate of an appeal and cross appeal pending under Appellate Division Docket No. 2005-08590.

RITTER, J.P., MASTRO, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court