Town of Riverhead v Silverman
Motion No: 2006-11025
Slip Opinion No: 2008 NYSlipOp 63267(U)
Decided on February 11, 2008
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

M65926

E/sl

ROBERT A. LIFSON, J.P.

DAVID S. RITTER

ANITA R. FLORIO

EDWARD D. CARNI, JJ.

2006-11025

Town of Riverhead, respondent,

v Henry Silverman, et al., appellants, et al.,

defendants.

(Index No. 14988-06)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, entered November 8, 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 motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

LIFSON, J.P., RITTER, FLORIO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court