| Tri-State Consumer, Inc. v Mintz & Gold, LLP |
| Motion No: 2005-11121 |
| Slip Opinion No: 2007 NYSlipOp 63268(U) |
| Decided on February 15, 2007 |
| 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
M50884
E/sl
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2005-11121
Tri-State Consumer, Inc., appellant, v Mintz & Gold, LLP, respondent. (Index No. 5054/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to file a supplemental affirmation in support of those branches of its motion which were to dismiss an appeal from an order of the Supreme Court, Nassau County, dated October 26, 2005, on the ground that it is academic and to impose sanctions upon Dean Hart, the individual allegedly prosecuting the appeal in the name of the appellant, which were held in abeyance and were referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal by decision and order on motion of this court dated March 3, 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; and it is further,
ORDERED that on or before February 23, 2007, the respondent shall serve and file its supplemental affirmation, and on or before March 5, 2007, the appellant shall serve and file its response, if any, to the respondent's supplemental affirmation.
PRUDENTI, P.J., SCHMIDT, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court