Appellate Division: Second Judicial Department

M256956

E/mm

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-07815 Deborah Kopald, respondent, v Rite Aid Headquaters Corp., et al., defendants, CCA Industries, Inc., appellant. (Index No. 7886/14)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Orange County, dated June 14, 2016, which was deemed withdrawn by decision and order on application of this Court dated October 26, 2018. By decision and order on motion of this Court dated March 10, 2017, the branch of the motion which was to dismiss the appeal on the ground that no appeal lies from an order denying reargument 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 motion of this Court dated November 15, 2017, the branches of the respondent's motion which were to dismiss the appeal on the grounds that the record and the appellant's brief do not comply with the CPLR and the record contains matter dehors the record and for an award of costs were held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

Now, on the Court's own motion, it is

ORDERED that the branches of the respondent's motions which were previously held in abeyance are denied as academic.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court