Frey v Rose, d/b/a AVR Realty Co.
Motion No: 2007-05669
Slip Opinion No: 2007 NYSlipOp 80633(U)
Decided on October 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M60982

E/sl

ROBERT W. SCHMIDT, J.P.

STEVEN W. FISHER

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2007-05669, 2007-06274, 2007-06300

Robert Frey, appellant, v Allan V. Rose,

d/b/a AVR Realty Co., et al., respondents.

(Index No. 35964-06)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from three orders of the Supreme Court, Suffolk County, dated April 30, 2007, May 30, 2007, and June 1, 2007, respectively, to dismiss the appeals from the orders dated April 30, 2007, and May 30, 2007, on the ground that they have been rendered academic.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

SCHMIDT, J.P., FISHER, LIFSON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court