Appellate Division: Second Judicial Department

M155928

E/nl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2012-04181, 2012-09075 Washington Mutual Bank, etc., respondent, v Ruben Corena, et al., appellants, et al., defendants. (Index No. 17450/08)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the record on appeals from two orders of the Supreme Court, Queens County, entered January 4, 2012, and July 17, 2012, respectively, to include the papers filed in connection with a motion that was determined by an order of the same court dated December 11, 2012. By order to show cause dated March 18, 2013, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals on the ground that they had been rendered academic by the order dated December 11, 2012, and the respondent's motion was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto it is

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

ORDERED that the respondent's motion is denied as academic.

MASTRO, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court