Cohen v National Grid USA
Motion No: 2009-02952
Slip Opinion No: 2010 NY Slip Op 60440(U)
Decided on January 11, 2010
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M97055

E/sl

MARK C. DILLON, J.P.

JOSEPH COVELLO

HOWARD MILLER

CHERYL E. CHAMBERS, JJ.

2009-02952, 2009-10289

Jason Cohen, et al., respondents,

v National Grid USA, et al., appellants.

(Index No. 18536/08)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondents, inter alia, to dismiss appeals from two orders of the Supreme Court, Nassau County, dated February 20, 2009 and September 29, 2009, respectively, on the ground that they have been rendered academic. Application by the parties to withdraw the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the stipulation of the parties dated December 11, 2009, and December 14, 2009, it is

ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeals is denied as academic;

ORDERED that the motion is otherwise denied.

DILLON, J.P., COVELLO, MILLER and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court