| ALBERT G. FRACCOLA, JR. V GETNICK LIVINGSTON ATKINSON GIGLIOTTI & PRIORE, LLP, MARK P. MALAK, PHYLLIS FRACCOLA |
| Motion No: CA 12-00854 |
| Slip Opinion No: 2012 NY Slip Op 74732(U) |
| Decided on May 25, 2012 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND CARNI, JJ.
DOCKET NO. CA 12-00854
| ALBERT G. FRACCOLA, JR., PLAINTIFF-APPELLANT, V GETNICK
LIVINGSTON ATKINSON GIGLIOTTI & PRIORE, LLP, MARK P. MALAK, PHYLLIS FRACCOLA, INDIVIDUALLY AND AS A SHAREHOLDER OF 1ST CHOICE REALTY,
INC., JOHN DOE AND RUBY POE, SANDRA J. DEPERNO, ONEIDA COUNTY CLERK, FRANK MEROLA, RENSELLAER COUNTY CLERK, NEW YORK STATE
ATTORNEY GENERAL, DEFENDANTS-RESPONDENTS. |
Getnick Livingston Atkinson & Priore, LLP, having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on July 7, 2011, on the ground that the appeal is frivolous, and having moved for other relief,
Now, upon reading and filing the affirmations of Michael E. Getnick, Esq., dated May 3, 2012, and May 10, 2012, the notice of motion with proof of service thereof, and the affirmation of Mark P. Malak, Esq., dated May 15, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as moot on the ground that the appeal has been dismissed pursuant to this Court's rules (see 22 NYCRR 1000.12 [b]).
Entered: May 25, 2012
Frances E. Cafarell, Clerk