Appellate Division: Second Judicial Department

M135093

T/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

ARIEL E. BELEN

JEFFREY A. COHEN, JJ.

2011-02121, 2011-07268 J.C. Land & Site Development, Inc., respondent, v John Wardrop, et al., defendants, Central Irrigation Supply, Inc., defendant counterclaim plaintiff-appellant; Westchester Irrigation Landscaping Construction Corp., counterclaim defendant-respondent; Rosemary Caporale, nonparty-respondent. (Index No. 09-7997)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion dated March 15, 2012, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by Central Irrigation Supply, Inc., for this Court to hear appeals from two orders of the Supreme Court, Westchester County, entered February 4, 2011, and June 15, 2011, respectively, as an exception to the mootness doctrine. Cross motion by Westchester Irrigation Landscaping Construction Corp. to dismiss the appeals on the ground that they have been rendered academic and to impose a sanction upon Central Irrigation Supply, Inc., and its counsel.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

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

ORDERED that the branch of the cross motion which is to dismiss the appeals is granted and the appeals are dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the cross motion which is to impose a sanction upon Central Irrigation Supply, Inc., and its counsel is denied.

DILLON, J.P., ANGIOLILLO, BELEN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court