| Mastrogiacomo v Geoghan |
| Motion No: 2014-01109 |
| Slip Opinion No: 2014 NY Slip Op 87460(U) |
| Decided on October 23, 2014 |
| 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
M181696
E/ct
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX
BETSY BARROS, JJ.
|
2014-01109 Philip Mastrogiacomo, et al., plaintiffs-respondents, v Craig M. Geoghan, et al., defendants-respondents, A. Uliano & Sons, Ltd., et al., appellants. (Index No. 29747/09)
| DECISION & ORDER ON MOTION |
Motion by the defendant-respondent Custom Commercial Construction Corp, inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated November 21, 2013, on the ground that the appeal has been rendered academic.
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 held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., LEVENTHAL, HINDS-RADIX and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court