| Xaverian High Shcool v Joseph Pedri Individually & As Parent and/or Legal Guardian of Michael Pedri |
| Motion No: 2011-00420 kc |
| Slip Opinion No: 2012 NY Slip Op 63925(U) |
| Decided on February 6, 2012 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Xaverian High Shcool, Appellant, v Joseph Pedri Individually and as Parent and/or Legal Guardian of Michael Pedri, Respondent. |
Appeal from separate orders of the Civil Court of the City of New York, Kings County, entered June 7, 2010.
On the court's own motion, it is
ORDERED that so much of the appeal as is from the order entered June 7, 2010 denying plaintiff's motion for summary judgment is dismissed as academic, since the complaint was subsequently dismissed (see Livny v Rotella, 305 AD2d 377 [2003]); and it is further,
ORDERED that so much of the appeal as is from the separate order entered June 7, 2010 dismissing the complaint is dismissed on the ground that the order did not decide a motion made on notice and, thus, is not appealable as of right (see CCA 1702 [a] [2]; CPLR 2211).
ENTER:
Paul Kenny
Chief Clerk