| Rondack Construction Services, Inc. v Kaatsbaan Internati |
| Motion No: 2007-00089 |
| Slip Opinion No: 2007 NYSlipOp 69296(U) |
| Decided on May 10, 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
M54424
E/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
GABRIEL M. KRAUSMAN
EDWARD D. CARNI, JJ.
|
2007-00089 Rondack Construction Services, Inc., plaintiff- respondent, v Kaatsbaan International Dance Center, Inc., appellant; Tbays, LLC, nonparty-respondent. (Index No. 6260/05)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated December 11, 2006, on the ground that the appeal has been rendered academic.
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 on the ground that the appeal has been rendered academic is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the motion is otherwise denied.
MILLER, J.P., MASTRO, KRAUSMAN and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court