| Devany v Brockway Development, LLC |
| Motion No: 2009-00153 |
| Slip Opinion No: 2009 NY Slip Op 70734(U) |
| Decided on April 28, 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
M85824
E/cb
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
RANDALL T. ENG
ARIEL E. BELEN, JJ.
|
2009-00153 Kathleen D. Devany, et al., appellants, v Brockway Development, LLC, et al., respondents. (Index No. 5243/05)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated November 17, 2008, on the ground that the order was superseded by a judgment of the same court dated December 16, 2008, from which the appellants have not appealed and the time to take the appeal has expired.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, as the judgment for costs did not supersede the order dated November 17, 2008.
PRUDENTI, P.J., MILLER, ENG and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court