| RM 18 Corp. v Bank of New York Mellon Trust Company |
| Motion No: 2012-06708 |
| Slip Opinion No: 2013 NY Slip Op 75455(U) |
| Decided on May 30, 2013 |
| 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
M157000
E/sl
DANIEL D. ANGIOLILLO, J.P.
SANDRA L. SGROI
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
|
2012-06708, 2013-02287 RM 18 Corp., et al., appellants, v Bank of New York Mellon Trust Company, N.A., et al., respondents. (Index No. 16992/10)
| DECISION & ORDER ON MOTION |
Separate motions by the respondent Bank of New York Mellon Trust Company, N.A., and the respondents Merrill Lynch & Co., Inc., Aztex Associates, L.P., Aztex Corporation, and Siltex Properties Corp. to dismiss appeals from two orders of the Supreme Court, Nassau County, dated May 12, 2012, and December 11, 2012, on the ground that they have been rendered academic.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motions are granted, and the appeals are dismissed, without costs or disbursements; and it is further,
ORDERED that on the Court's own motion so much of a decision and order on motion of this Court dated October 22, 2012, as held in abeyance the branch of the respondents' prior motion which was to dismiss the appeal from the order dated May 12, 2012, is recalled and vacated, and that branch of the motion is denied as academic.
ANGIOLILLO, J.P., SGROI, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court