Matter of Green v Fischer
Motion No: 2008-02070
Slip Opinion No: 2008 NYSlipOp 91879(U)
Decided on December 12, 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

M79605

E/sl

A. GAIL PRUDENTI, P.J.

MARK C. DILLON

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2008-02070

In the Matter of Andrew Green, appellant,

v Brian Fischer, etc., respondent.

(Index No. 6881/07)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Dutchess County, dated January 29, 2008, on the ground that it has been rendered academic.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied.

PRUDENTI, P.J., DILLON, ENG and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court