Jones v 92 E. Jericho Tpke, LLC
Motion No: 2011-09526
Slip Opinion No: 2011 NY Slip Op 91446(U)
Decided on December 5, 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

M129806

E/ct

MARK C. DILLON, J.P.

ANITA R. FLORIO

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2011-09526

Robert Jones, et al., respondents,

v 92 E. Jericho Tpke, LLC, et al., defendants,

Mallis Plumbing Supply, Inc., et al., appellants.

(Index No. 20686/08)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated September 8, 2011, inter alia, on the ground that the appeal has been rendered academic.

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.

DILLON, J.P., FLORIO, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court