| Glauber v Ekstein |
| Motion No: 2013-03218 |
| Slip Opinion No: 2013 NY Slip Op 94442(U) |
| Decided on December 17, 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
M166913
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
LEONARD B. AUSTIN, JJ.
|
2013-03218
Ahron Glauber, et al., appellants, v David Ekstein, respondent. (Index No. 19973/12)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, entered January 14, 2013, on the ground that the right of direct appeal from that order terminated upon entry of an order of the same court dated May 23, 2013.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that it has been rendered academic by the order dated May 23, 2013; and it is further,
ORDERED that the motion is otherwise denied as academic.
DILLON, J.P., ANGIOLILLO, DICKERSON and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court