Matter of Buckley v Dennison
Motion No: 2005-09139
Slip Opinion No: 2006 NYSlipOp 69339(U)
Decided on May 25, 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

M40123

Y/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO

MARK C. DILLON, JJ.

2005-09139

In the Matter of James Buckley, appellant,

v Robert Dennison, etc., respondent.

(Index No. 3869/05)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Orange County, dated February 17, 2006. Cross motion by the respondent to dismiss the appeal on the ground that it has been rendered academic.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is granted, and the appeal is dismissed, without costs or disbursements (see Matter of Marino v Travis 97 NY2d 673).

MILLER, J.P., GOLDSTEIN, SPOLZINO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court