| Matter of Staskowski v Fanelli |
| Motion No: 2006-07912 |
| Slip Opinion No: 2007 NYSlipOp 67498(U) |
| Decided on April 16, 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
M53206
E/sl/cb
HOWARD MILLER, J.P.
DANIEL D. ANGIOLILLO
EDWARD D. CARNI
THOMAS A. DICKERSON, JJ.
|
2006-07912 In the Matter of Andrea Staskowski, appellant, v Sean Fanelli, etc., et al., respondents. (Index No. 06-001474)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered July 5, 2006, on the ground that it has been rendered academic, or, in the alternative, to enlarge the time to serve and file a brief. Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied without prejudice to obtaining review of the issue based on the arguments made in the respondents' brief; and it is further,
ORDERED that the application and the branch of the motion which is to enlarge the time to serve and file a brief is denied as academic as the respondents' brief was filed on March 15, 2007.
MILLER, J.P., ANGIOLILLO, CARNI and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court