S.P.Q.R. Co., Inc. v United Rockland Stairs, Inc.
Motion No: 2007-06117
Slip Opinion No: 2008 NYSlipOp 69085(U)
Decided on April 14, 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

M68994

E/sl

HOWARD MILLER, J.P.

MARK C. DILLON

EDWARD D. CARNI

RUTH C. BALKIN, JJ.

2007-06117

S.P.Q.R. Co., Inc., et al., appellants,

v United Rockland Stairs, Inc., et al., respondents.

(Appeal No. 1)

2007-10987

S.P.Q.R. Co., Inc., et al., respondents,

v United Rockland Stairs, Inc., appellant,

et al., defendants.

(Appeal No. 2)

(Index No. 06-05034)

DECISION & ORDER ON MOTION

Motion by S.P.Q.R. Co., Inc., Ponza Co., Inc., and A.I.T.J. Co., Inc., to dismiss as academic an appeal from an order of the Supreme Court, Rockland County, dated October 18, 2007 (Appellate Division Docket No. 2007-10987), and upon dismissal of that appeal, for leave to withdraw an appeal from an order of the Supreme Court, Rockland County, dated May 21, 2007 (Appellate Division Docket No. 2007-06117).

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

ORDERED that the motion is denied.

MILLER, J.P., DILLON, CARNI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court