Capital One, N.A. v Waterfront Realty II, LLC
Motion No: 2011-05118
Slip Opinion No: 2011 NY Slip Op 88720(U)
Decided on November 2, 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

M128259

E/sl

ANITA R. FLORIO, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2011-05118

Capital One, N.A., etc., respondent,

v Waterfront Realty II, LLC, et al., appellants.

(Index No. 8982/09)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 11, 2011, 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.

FLORIO, J.P., HALL, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court