| Matter of Southampton Fire District v Braun |
| Motion No: 2007-06974 |
| Slip Opinion No: 2008 NYSlipOp 67162(U) |
| Decided on March 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
M67914
E/sl
REINALDO E. RIVERA, J.P.
HOWARD MILLER
MARK C. DILLON
CHERYL E. CHAMBERS, JJ.
|
2007-06974 In the Matter of Southampton Fire District, et al., appellants, v Richard Braun, et al., respondents. (Index No. 36208-06)
| DECISION & ORDER ON MOTION |
Motion by the respondents, inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated May 25, 2007, on the ground that it has been rendered academic, or to enlarge the time to serve and file a brief. Cross motion by the appellants to impose a sanction upon the respondents and for an award of costs and an attorney's fee pursuant to 22 NYCRR 130-1.1 for making a frivolous motion.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that it has been rendered academic is granted and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is denied as academic; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross motion is denied.
RIVERA, J.P., MILLER, DILLON and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court