| East Coast Management, Ltd. v Genatt Associates, Inc. |
| Motion No: 2005-08212 +1 |
| Slip Opinion No: 2006 NYSlipOp 68343(U) |
| Decided on May 4, 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
M39254
E/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
|
2005-08212, 2005-08213 East Coast Management, Ltd., respondent, v Genatt Associates, Inc., appellant. (Index No. 11142/04)
| DECISION & ORDER ON MOTION |
Appeals by Genatt Associates, Inc., from an order of the Supreme Court, Nassau County, dated August 1, 2005, and a judgment of the same court, also dated August 1, 2005. By order to show cause dated April 3, 2006, the appellant was directed to show cause before this court why the above-entitled appeal should not be dismissed on the ground that a stipulation of settlement between the parties rendered the appeal academic and that any determination of the appeal by this court will consist of merely an advisory opinion (see Cuomo v Long Is. Light. Co., 71 NY2d 349, 354; Matter of Telesca, 173 AD2d 476).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that the settlement has rendered the appeal academic.
MILLER, J.P., RITTER, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court