| 1.2.3. Holding Corp. v Exeter Holding, Ltd. |
| Motion No: 2008-10886 |
| Slip Opinion No: 2009 NYSlipOp 67485(U) |
| Decided on March 25, 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
M84201
E/sl
STEVEN W. FISHER, J.P.
HOWARD MILLER
RUTH C. BALKIN
ARIEL E. BELEN, JJ.
|
2008-10886 1.2.3. Holding Corp., appellant, v Exeter Holding, Ltd., respondent. (Index No. 26107-06)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated September 10, 2008, on the ground that the order was superseded by a judgment of the same court entered November 21, 2008, upon the order (see Matter of Aho, 39 NY2d 241).
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted and the appeal from the order dated September 10, 2008, is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); the issues raised in the appeal from the order may be brought up for review and argued on the appeal from the judgment entered November 21, 2008, pending under Appellate Division Docket No. 2009-00090.
FISHER, J.P., MILLER, BALKIN and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court