NYCTL 1998-2 Trust v Salem Realty
Motion No: 2007-09886
Slip Opinion No: 2009 NYSlipOp 61992(U)
Decided on January 27, 2009
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

M81726

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2007-09886

NYCTL 1998-2 Trust, et al., plaintiffs

respondents-appellants, v Salem Realty,

appellant-respondent; St. Marks Place

Condominium (I & II), LLC, nonparty

respondent-appellant; Builders Bank,

nonparty-respondent.

(Index No. 13992/00)

DECISION & ORDER ON MOTION

Separate motions by the plaintiffs respondents-appellants and the nonparty respondent-appellant to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 1, 2007, on the ground that it has 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 held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

FISHER, J.P., DILLON, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court