| Matter of Scialdone v New York State Division of Housing a |
| Motion No: 2014-05696 |
| Slip Opinion No: 2016 NY Slip Op 63800(U) |
| Decided on February 9, 2016 |
| 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
M205110
E/ct
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
JOSEPH J. MALTESE, JJ.
|
2014-05696 In the Matter of Gregory P. Scialdone, appellant, v New York State Division of Housing and Community Renewal, respondent- respondent, et al., respondents; Stepping Stones Associates, L.P., et al., nonparty-respondents. (Index No. 3406/13)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to enlarge the record on an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated February 14, 2014, and to enlarge the time to serve and file a reply brief. Cross motion by the respondent-respondent to dismiss the appeal on the ground that it has been rendered academic on the ground that the order and judgment dated February 14, 2014, has been vacated by an order of the same court dated November 6, 2015.
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 cross motion is granted, and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
BALKIN, J.P., CHAMBERS, COHEN and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court