DiBuono v Abbey, LLC
Motion No: 2010-00871
Slip Opinion No: 2011 NY Slip Op 69706(U)
Decided on April 12, 2011
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

M118450

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2010-00871

James DiBuono, et al., plaintiffs,

v Abbey, LLC, et al., defendants,

L.M.C. Partners, LLC, defendant

third-party plaintiff-respondent;

Palisades Resources, Inc., third-

party defendant-appellant.

(Index No. 08-15975)

DECISION & ORDER ON MOTION

Renewed motion by Biedermann, Reif, Hoenig & Ruff, P.C., counsel for L.M.C. Partners, LLC, inter alia, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Westchester County, dated December 9, 2009.

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 motion is denied as academic in light of the determination of the appeal (see DiBuono v Abbey, LLC,, ___ AD3d ___ [2d Dept, April 5, 2011]).

MASTRO, J.P., DILLON, ENG and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court