Appellate Division: Second Judicial Department

M60897

S/sl

A. GAIL PRUDENTI, P.J.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

RUTH C. BALKIN, JJ.

2007-02470 William Johnson, appellant-respondent, v Andrew Nardozzi, respondent-appellant. (Index No. 24059/06)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated February 8, 2007, to enlarge the record to include a notice of cross motion dated January 31, 2007, an affirmation of Paul Molano dated January 31, 2007, and the supporting exhibits. Cross motion by the appellant-respondent to dismiss the cross appeal on the ground that the respondent-appellant is not aggrieved by the order appealed from. By decision and order on motion dated August 9, 2007, the matter was remitted to the Supreme Court, Queens County, to report on the issue of whether it considered the cross motion dated January 31, 2007, the affirmation of Paul Molano dated January 31, 2007, and the supporting exhibits, in determining the motion that resulted in the order dated February 8, 2007, and the motion and cross motion were held in abeyance in the interim. The Supreme Court, Queens County, has filed its report.

Now, on the court's own motion, and the report of the Supreme Court, Queens County, it is

ORDERED that the motion and the cross motion are denied as academic as the appeal and cross appeal have been withdrawn.

PRUDENTI, P.J., GOLDSTEIN, LIFSON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court