Appellate Division: Second Judicial Department

M260208

E/sl

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2017-06263 Sandro Finamore, etc., appellant, v David Ullman, P.C., et al., respondents. (Index No. 502021/13)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Kings County, dated April 20, 2017, to enlarge the record to include an order of the same court dated November 16, 2017, and to dismiss the appeal on the ground that it has been rendered academic and/or superseded by the order dated November 16, 2017.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the record is granted and on or before March 13, 2019, the respondents shall serve and file a supplemental record containing the order dated November 16, 2017; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that it has been rendered academic is granted to the extent that the appeal from so much of the order dated April 20, 2017, as directed the dismissal of the action as to Sandro Finamore, individually, is dismissed, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the order dated April 20, 2017, has been superseded by the order dated November 16, 2017, is held in abeyance with respect to the appeal insofar as taken by Sandro Finamore, as executor of the estate of Iole Finamore, deceased, and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof, and denied as academic with respect to the appeal insofar as taken by Sandro Finamore, individually.

CHAMBERS, J.P., ROMAN, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court