| 470 Manhattan Avenue, LLC v Barone |
| Motion No: 2016-03738 |
| Slip Opinion No: 2017 NY Slip Op 60708(U) |
| Decided on January 11, 2017 |
| 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
M224247
S/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2016-03738 470 Manhattan Avenue, LLC, respondent, v Thomas Barone, et al., appellants. (Index No. 513947/15)
| DECISION & ORDER ON MOTION |
Motion by the appellants to strike the respondent's appendix and the respondent's brief on an appeal from an order of the Supreme Court, Kings County, dated March 30, 2016, on the ground that they contain or refer to matter dehors the record. By decision and order on motion of this Court dated July 6, 2016, the motion was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof. By decision and order on application of this Court dated January 9, 2017, the appellants' application to withdraw the appeal was granted.
On the Court's own motion, it is
ORDERED that so much of the decision and order on motion of this Court dated July 6, 2016, as held the motion in abeyance and referred it to the panel of Justices hearing the appeal for determination upon the argument or submission thereof is recalled and vacated; and it is further,
ORDERED that the motion is denied as academic in light of the withdrawal of the appeal.
ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court