| Edufocus, Ltd. v Ventures Education Systems Corporation |
| Motion No: 2008-03477 |
| Slip Opinion No: 2008 NYSlipOp 78140(U) |
| Decided on July 18, 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
M73388
S/cb
PETER B. SKELOS, J.P.
JOSEPH COVELLO
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2008-03477 Edufocus, Ltd., et al., respondents, v Ventures Education Systems Corporation, et al., appellants. (Index No. 100596/05)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Richmond County, dated March 27, 2008, on the ground that it has been rendered academic by a ruling of the same court on June 19, 2008, and for costs and sanctions, or, to enlarge the time to serve and file a brief on the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal 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 time to serve and file a brief is denied as academic; and it is further,
ORDERED that the motion is otherwise denied.
SKELOS, J.P., COVELLO, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court