Appellate Division: Second Judicial Department

M92958

E/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

ANITA R. FLORIO

RUTH C. BALKIN, JJ.

2009-08517 Xand Corporation, appellant, v Reliable System Alternatives Corporation, respondent. (Index No. 03-14915)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, entered June 24, 2009, and pursuant to 22 NYCRR 130-1.1 to impose a sanction upon the appellant and for an award of costs and an attorney's fee. Motion by the appellant to cancel and terminate the respondent's restraint on the appellant's bank account. Motion by the appellant to direct the respondent to accept a check in the sum of $61,565.63 and to release a certain restraining notice on the appellant's bank account.

Upon the papers filed in support of the motions, and the papers 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 issues to be raised on the appeal from the judgment were resolved by this court's determination of a prior appeal from a judgment of the same court entered October 2, 2007 (see New York Tel. Co. v Supervisor of Town of Oyster Bay, 35 AD3d 417), without prejudice to seeking any appropriate relief in the Supreme Court, Westchester County; and it is further,

ORDERED that the branch of the respondent's motion which is pursuant to 22 NYCRR 130-1.1 to impose a sanction upon the appellant and for an award of costs and an attorney's fee is denied; and it is further,

ORDERED that the respondent's motion is otherwise denied as academic; and it is further,

ORDERED that the appellant's motions are denied as academic.

PRUDENTI, P.J., SANTUCCI, FLORIO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court