Rose v Levine
Motion No: 2011-07357
Slip Opinion No: 2012 NY Slip Op 72307(U)
Decided on May 4, 2012
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

M137254

E/sl

PETER B. SKELOS, J.P.

ANITA R. FLORIO

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2011-07357

Steve Rose, appellant,

v Julie H. Levine, et al., defendants,

Robert Levine, et al., respondents.

(Index No. 05-14689)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Westchester County, entered July 8, 2011, on the ground that it 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; and it is further,

ORDERED that on the Court's own motion, the respondents' time to serve and file a brief is enlarged until June 4, 2012, and the respondents' brief must be served and filed on or before that date.

SKELOS, J.P., FLORIO, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court