Appellate Division: Second Judicial Department

M64833

E/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2006-08445 Stelvio Holdings, LLC, appellant, v DiMedici Ventures, LLC, respondent. (Index No. 06-2480)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Orange County, dated July 25, 2006, pursuant to 22 NYCRR Part 130.1.1 to impose a sanction upon the respondent. Cross application by the respondent to dismiss the appeal on the ground that it has been rendered academic. By order to show cause dated December 14, 2007, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the above-entitled appeal on the ground that the appeal had been rendered academic by an order of the Supreme Court, Dutchess County, dated October 30, 2007, and the motion to impose a sanction upon the respondent and cross application to dismiss the appeal were held in abeyance in the interim.

Upon order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the cross application, and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal on the ground that the appeal has been rendered academic by the order dated October 30, 2007, 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 to impose a sanction upon the respondent and cross application to dismiss the appeal are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

RITTER, J.P., MILLER, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court