| Myers v Polytechnic Preparatory Country Day School, a/k/ |
| Motion No: 2008-06050 |
| Slip Opinion No: 2008 NYSlipOp 81589(U) |
| Decided on September 2, 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
M75083
E/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2008-06050 Robert Myers, et al., appellants, v Polytechnic Preparatory Country Day School, a/k/a Poly Prep Country Day School, defendant third-party plaintiff-respondent; Garmer Industries, Inc., et al., third-party defendant-respondent. (Index No. 16172/03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Separate motions by Polytechnic Preparatory Country Day School, a/k/a Poly Prep Country Day School, and Nazareth Regional High School and Roman Catholic Diocese of Brooklyn to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 30, 2008, on the ground that it has been rendered academic.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motions are granted and the appeal is dismissed, without costs or disbursements.
MASTRO, J.P., SKELOS, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court