| Matter of Fleming v New York City Department of Environm |
| Motion No: 2008-03714 |
| Slip Opinion No: 2009 NY Slip Op 85201(U) |
| Decided on October 6, 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
M92364
E/sl
PETER B. SKELOS, J.P.
FRED T. SANTUCCI
ARIEL E. BELEN
L. PRISCILLA HALL, JJ.
|
2008-03714, 2008-03717 In the Matter of Maureen Fleming, et al., appellants, v New York City Department of Environmental Protection, et al., respondents. (Index No. 2185/07)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss appeals from an order and a judgment of the Supreme Court, Putnam County, dated March 18, 2008, and April 3, 2008, respectively, on the ground that they have been rendered academic, and for leave to argue the issue during oral argument of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeals on the ground that they have been rendered academic is denied; and it is further,
ORDERED that the branch of the motion which is for leave to argue the issue during oral argument of the appeals is denied as academic, as oral argument of the appeals was held on September 21, 2009.
SKELOS, J.P., SANTUCCI, BELEN and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court