Appellate Division: Second Judicial Department

M75647

S/sl

REINALDO E. RIVERA, J.P.

STEVEN W. FISHER

ANITA R. FLORIO

MARK C. DILLON, JJ.

2007-02801 Nancy J. Tilton, et al., appellants, v Gary Trezza, et al., defendants; Reisman, Peirez & Reisman, respondent. (Appeal No. 3) (Index No. 5818/03)

DECISION & ORDER ON MOTION

Cross motion by the nonparty-respondent Reisman, Peirez & Reisman, inter alia, to dismiss an appeal from an order of the Supreme Court, Nassau County, dated February 23, 2007 (Appellate Division Docket No. 2007-02801), on the ground that the appeal has been rendered academic. By decision and order on motion dated June 1, 2007, the cross motion to dismiss the appeal from the order dated February 23, 2007, was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof. By decision and order on motion dated March 4, 2008, entitled "In the Matter of Dismissal of Causes for Failure to Perfect - February 2008 Calendar," the appeal from the order dated February 23, 2007, was dismissed for failure to perfect.

Now, on the court's own motion, it is

ORDERED that the cross motion to dismiss the appeal from the order dated February 23, 2007, is denied as academic.

RIVERA, J.P., FISHER, FLORIO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court