York v J.E. Levine Builder, Inc.
Motion No: 2006-03704
Slip Opinion No: 2006 NYSlipOp 72140(U)
Decided on July 18, 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

M42144

A/sl

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2006-03704

Richard York, appellant, v J.E. Levine

Builder, Inc., et al., respondents, et al.,

defendants.

(Index No. 26616/04)

DECISION & ORDER ON MOTION
Motion To Dismiss Appeal

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated March 15, 2006, on the ground that the appeal has been rendered academic.

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

ORDERED that the motion is denied.

SCHMIDT, J.P., GOLDSTEIN, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court