| Goldberger v Eisner |
| Motion No: 2008-01969 |
| Slip Opinion No: 2009 NYSlipOp 66047(U) |
| Decided on March 10, 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. |
Appellate Division: Second Judicial Department
M83504
E/cb
STEVEN W. FISHER, J.P.
MARK C. DILLON
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2008-01969 Erno Goldberger, a/k/a Abe Goldberger, et al., respondents, v Sholom Eisner, appellant. (Index No. 17302/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, entered December 5, 2007.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the judgment entered December 5, 2007, was superseded by a judgment of the same court entered November 7, 2008; and it is further,
ORDERED that the motion is denied as academic.
FISHER, J.P., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court