Director v Sea Crest at Amagansett Corp.
Motion No: 2014-05176
Slip Opinion No: 2015 NY Slip Op 65910(U)
Decided on March 5, 2015
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

M188492

E/sl

RANDALL T. ENG, P.J.

MARK C. DILLON

CHERYL E. CHAMBERS

BETSY BARROS, JJ.

2014-05176

Michael C. Director, respondent, v Sea

Crest at Amagansett Corp., et al., defendants,

Farrell Building Company, Inc., appellant

(and a third-party action).

(Index No. 600290/12)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered April 28, 2014, on the ground that it 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 motion is granted, and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the stay of the trial in the above-entitled action granted by a decision and order on motion of this Court dated July 16, 2014, is vacated forthwith.

ENG, P.J., DILLON, CHAMBERS and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court