125 Belle Harbor, LLC v Belle Harbor Washington,
Motion No: 2012-06463
Slip Opinion No: 2013 NY Slip Op 75825(U)
Decided on June 5, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M157436

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2012-06463

125 Belle Harbor, LLC, plaintiff, v Belle

Harbor Washington, LLC, defendants third-

party defendants-respondents, et al., defendants;

New York Community Bank, third-party

plaintiff-appellant.

(Index No. 25410/09)

DECISION & ORDER ON MOTION

Motion by New York Community Bank, in effect, to hold in abeyance an appeal from an order of the Supreme Court, Queens County, entered May 7, 2012. By decision and order on motion of this Court dated May 28, 2013, the appeal was dismissed.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied as academic in light of the decision and order on motion of this Court dated May 28, 2013, dismissing the appeal.

RIVERA, J.P., SKELOS, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court