| Margrabe v Rusciano |
| Motion No: 2005-10601 |
| Slip Opinion No: 2006 NYSlipOp 74513(U) |
| Decided on August 28, 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
M43780
E/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-10601 Elizabeth Margrabe, appellant, et al., plaintiffs, v Anthony Rusciano II, et al., defendants; Sexter & Warmflash, nonparty-respondent. (Index No. 01-10032)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated August 22, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the order has been rendered academic by an order of the same court dated June 30, 2006; and it is further,
ORDERED that the motion is denied as academic; and it is further,
ORDERED that the fifth decretal paragraph of the decision and order on motion of this court dated December 2, 2005, directing that the appeal from the order dated August 22, 2005, be calendared with an appeal from an order entered September 1, 2004 (Appellate Division Docket No. 2004-08734), is recalled and vacated.
KRAUSMAN, J.P., GOLDSTEIN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court