Appellate Division: Second Judicial Department

M123390

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL, JJ.

2011-03871 Michael Pacheco, et al., appellants, v Michael Zenobio, et al., respondents, Dean at Boerum Hill, LLC, defendant third-party plaintiff-respondent; Clark & Wilkins Industries, Inc., et al., third-party defendants-respondents (and other titles). (Index No. 30020/07)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-respondent Clark & Wilkins Industries, Inc., to dismiss an appeal from an order of the Supreme Court, Kings County, dated February 7, 2011, on the ground that it has been rendered academic and for an award of costs and to impose a sanction upon the appellant. Application by the third-party defendant-respondent Clark & Wilkins Industries, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application 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 appeal is granted and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is denied as academic.

MASTRO, J.P., COVELLO, ANGIOLILLO and LEVENTHAL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court