| Madison Realty Capital, L.P. v Broken Angel, LLC |
| Motion No: 2011-06456 |
| Slip Opinion No: 2011 NY Slip Op 85342(U) |
| Decided on September 29, 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. |
Appellate Division: Second Judicial Department
M126692
E/sl
WILLIAM F. MASTRO, J.P.
MARK C. DILLON
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2011-06456 Madison Realty Capital Corp., L.P., respondent, v Broken Angel, LLC, et al., defendants, Arthur Wood, appellant. (Index No. 28044/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated May 23, 2011, inter alia, to dismiss the underlying action.
Upon the papers filed in support of the motion and the papers filed 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 appellant is not aggrieved by the order appealed from (see CPLR 5511); and it is further,
ORDERED that the motion is denied as academic.
MASTRO, J.P., DILLON, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court