| County of Suffolk v All County Paving Corp. |
| Motion No: 2008-00734 |
| Slip Opinion No: 2009 NY Slip Op 70406(U) |
| Decided on April 23, 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
M85617
E/cb
STEVEN W. FISHER, J.P.
JOSEPH COVELLO
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL, JJ.
|
2008-00734, 2008-03588 County of Suffolk, appellant, v All County Paving Corp., et al., respondents. (Index No. 14177-06)
| DECISION & ORDER ON MOTION |
Separate motions by the respondents Suffolk Asphalt Supply, Inc., and James Kenneth Haney and the respondents Sundial Asphalt Co., Inc., and Frank Gerald Schambra to dismiss appeals from an order of the Supreme Court, Suffolk County, dated December 18, 2007, and a judgment of the same court entered April 9, 2008, on the ground that the appeals have been rendered academic.
Upon the papers filed in support of the motions and the papers filed in opposition and in relation 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., COVELLO, ANGIOLILLO and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court