| F & L Plumbing and Mechanical, Inc. v Legacy Fulton Stre |
| Motion No: 2006-06081 |
| Slip Opinion No: 2006 NYSlipOp 82028(U) |
| Decided on December 15, 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
M48334
E/sl
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
WILLIAM F. MASTRO
MARK C. DILLON, JJ.
|
2006-06081 F & L Plumbing and Mechanical, Inc., respondent, v Legacy Fulton Street Corp., appellant. (Index No. 990/05)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated May 12, 2006.
Upon the papers filed in support of the application and the papers filed in opposition 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on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the order was superseded by a judgment of the same court entered November 22, 2006 (see Matter of Aho, 39 NY2d 241, 248); and it is further,
ORDERED that the application is denied as academic.
PRUDENTI, P.J., SANTUCCI, MASTRO and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court