Erbesh v Schwartz
Motion No: 2007-09774
Slip Opinion No: 2008 NYSlipOp 75678(U)
Decided on June 24, 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

M72171

S/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2007-09774, 2008-01150

Morris Erbesh, et al., respondents-appellants,

v Esther E. Schwartz, et al., appellants-respondents,

Diamond Properties, et al., respondents

(Appeal No. 1)

Morris Erbesh, et al., appellants,

v Esther E. Schwartz, et al., respondents.

(Appeal No. 2)

(Index No. 07-4305)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants in Appeal No. 1 and the respondents in Appeal No. 2 to dismiss appeals from two orders of the Supreme Court, Westchester County, dated July 6, 2007, and January 2, 2008, on the ground that they have 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 denied.

RIVERA, J.P., SANTUCCI, DICKERSON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court