| Capell Vishnick, LLP. v Capell Barnett Matalon & Schoen |
| Motion No: 2007-05707 |
| Slip Opinion No: 2008 NYSlipOp 64085(U) |
| Decided on February 20, 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. |
Appellate Division: Second Judicial Department
M66400
E/sl
STEVEN W. FISHER, J.P.
MARK C. DILLON
WILLIAM E. McCARTHY
ARIEL E. BELEN, JJ.
|
2007-05707, 2007-09361 Capell Vishnick, LLP, plaintiff-respondent, v Capell Barnett Matalon & Schoenfeld, LLP, et al., appellants, Bernard Vishnick, et al., defendants-respondents. (Index No. 15443/06)
| DECISION & ORDER ON MOTION |
Motion by the defendants-respondents to dismiss appeals from two orders of the Supreme Court, Nassau County, entered May 25, 2007, and September 24, 2007, respectively, on the ground that the appeal has been rendered academic by a settlement agreement.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied on condition that on or before April 21, 2008, the parties either sign a written settlement agreement or submit the matter to the Supreme Court, Nassau County, for resolution of the settlement agreement.
FISHER, J.P., DILLON, McCARTHY and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court