| Palmieri v Fred Shore Beach Club, Inc. |
| Motion No: 2012-00003 |
| Slip Opinion No: 2013 NY Slip Op 92927(U) |
| Decided on December 4, 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
M166043
E/sl
THOMAS A. DICKERSON, J.P.
CHERYL E. CHAMBERS
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
|
2012-00003 Paul Palmieri, appellant, v Fred Shore Beach Club, Inc., et al., respondents. (Index No. 44922-09)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated November 9, 2011, on the ground that it has been rendered academic, and for an award of an attorney's fee and costs. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is granted; and it is further,
ORDERED that the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the application is denied as academic.
DICKERSON, J.P., CHAMBERS, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court