| D'Alesso v Volkmann |
| Motion No: 2011-09895 |
| Slip Opinion No: 2012 NY Slip Op 83399(U) |
| Decided on September 6, 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. |
Appellate Division: Second Judicial Department
M143083
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2011-09895 Peter D'Alesso, respondent, v Alfred A. Volkmann, appellant. (Index No. 40854-10)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated September 29, 2011, on the ground that it has been rendered academic by an order of the same court dated July 12, 2012.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]).
RIVERA, J.P., FLORIO, DICKERSON, LEVENTHAL and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court