Owen v Lester
Motion No: 2010-04093
Slip Opinion No: 2010 NY Slip Op 83473(U)
Decided on September 27, 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

M108848

E/sl

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

THOMAS A. DICKERSON

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2010-04093

Kyle Owen, etc., et al., appellants,

v Denise Lester, etc., et al., respondents,

et al., defendants.

(Index No. 16167-07)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated April 13, 2010, on the ground that it has been rendered academic.

Upon the papers filed in support of the motion and the papers filed in opposition 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.

MASTRO, J.P., FLORIO, DICKERSON, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court