| Psomostithis v Transoceanic Cable Ship Co. |
| Motion No: 2005-01234 |
| Slip Opinion No: 2006 NYSlipOp 70164(U) |
| Decided on June 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. |
Appellate Division: Second Judicial Department
M40625
S/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
DANIEL F. LUCIANO
JOSEPH COVELLO, JJ.
|
2005-01234 Dimitrios Psomostithis, appellant, v Transoceanic Cable Ship Co., respondent.
(Index No. 034619/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated December 22, 2004, to dismiss the appeal on the ground that it has been rendered academic by two orders of the same court dated December 22, 2005, and April 19, 2006, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of this appeal and the appeals from the orders dated December 22, 2005, and April 19, 2006, pending under Appellate Division Docket Nos. 2006-05161 and 2006-05166, respectively.
SCHMIDT, J.P., SANTUCCI, LUCIANO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court