Mendez v Jackson Development Group, Ltd.
Motion No: 2011-06829
Slip Opinion No: 2012 NY Slip Op 75029(U)
Decided on June 1, 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

M138658

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2011-06829

Johnny Mendez, plaintiff-respondent,

v Jackson Development Group, Ltd.,

et al., appellants, NCJ Development, Inc.,

et al., defendants-respondents.

(Index No. 17492/07)

DECISION & ORDER ON MOTION

Motion by Cesar Carrasco, the plaintiff in a related action, to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 30, 2011, on the ground that it has been rendered academic, or, in the alternative, for leave to file a brief as an amicus curiae, and, in effect, to hold the appeal in abeyance until the amicus curiae brief is filed.

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

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that it has been rendered academic is dismissed, as Cesar Carrasco does not have standing to seek that relief, and the motion is otherwise denied.

SKELOS, J.P., DILLON, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court