| Matter of Zugibe v Russo |
| Motion No: 2018-01257 |
| Slip Opinion No: 2018 NY Slip Op 77941(U) |
| Decided on July 17, 2018 |
| 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
M252370
E/htr
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
SANDRA L. SGROI
JOSEPH J. MALTESE, JJ.
|
2018-01257 In the Matter of Thomas P. Zugibe, etc., petitioner, v Kevin Russo, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the respondent Kevin Russo to dismiss a proceeding pursuant to CPLR article 78 in the nature of prohibition 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 held in abeyance and referred to the panel of Justices hearing the proceeding for determination upon the argument or submission thereof.
BALKIN, J.P., ROMAN, SGROI and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court