| Novak v 36-02 35th Avenue Development, LLC |
| Motion No: 2006-04675 |
| Slip Opinion No: 2006 NYSlipOp 73631(U) |
| Decided on August 10, 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
M43181
S/mv
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO
MARK C. DILLON, JJ.
|
2006-04675
Mario Novak, appellant, v 36-02 35th Avenue Development, LLC, respondent.
(Index No. 16690/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, dated March 22, 2006, to vacate a stay which was granted by decision and order on motion of this court dated May 23, 2006, and to dismiss the appeal on the ground that the appeal has been rendered academic by an order and judgment (one paper) of the same court dated June 19, 2006.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, the appeal is dismissed, without costs or disbursements, and the stay which was granted by decision and order on motion dated May 23, 2006, is vacated forthwith.
MILLER, J.P., GOLDSTEIN, SPOLZINO and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court