Appellate Division: Second Judicial Department

M165194

E/sl

DANIEL D. ANGIOLILLO, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2012-06708, 2013-02287, 2013-05725, 2013-05727, 2013-05728, 2013-05729 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

Motion by the appellants for leave to reargue their opposition to 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, which were determined by decision and order on motion of this Court dated May 30, 2013. Cross motion by the respondent Bank of New York Mellon Trust Company, N.A., to dismiss appeals from four judgments of the same court all entered March 28, 2013, in effect, on the ground that a prior decision and order of this Court which determined appeals from an order of the Supreme Court, Nassau County, entered August 3, 2011 (see RM 18 Corp. v Bank of New York Mellon Trust Company, N.A., 104 AD3d 752) disposed of all of the issues in the above-entitled appeal.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is granted, and the appeals from the judgments entered March 28, 2013, are dismissed, without costs or disbursements (see CPLR 5701[a][1]).

ANGIOLILLO, J.P., SGROI, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court