| Matter of Swartz v Lamb & Barnosky, LLP |
| Motion No: 2018-07697 |
| Slip Opinion No: 2019 NY Slip Op 81399(U) |
| Decided on October 10, 2019 |
| 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
M266498
E/sl
LEONARD B. AUSTIN, J.P.
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI, JJ.
|
2018-07697 In the Matter of Julian Swartz, petitioner, v Lamb & Barnosky, LLP, et al., respondents. (Index No. 1532/17)
| DECISION & ORDER ON MOTION |
Motion by the respondents Lamb & Barnoky, LLP, Richard Shane, Eugene R. Barnosky, Lindsay Crocker, and Brookhaven-Comseqogue Union Free School District 290 to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated May 16, 2018, on the ground that the appeal has been rendered academic, and for an award of costs or, in the alternative, to extend the time to serve and file a brief. Separate motion by the respondent Deborah Gaines to dismiss the appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated May 16, 2018, on the ground that the appeal has been rendered academic or, in the alternative, to extend the time to serve and file a brief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branches of the motions which are to dismiss the appeal are granted and the appeal is dismissed; and it is further,
ORDERED that the branch of the motion which is for an award of costs is denied; and it is further,
ORDERED that the motions are otherwise denied as academic.
AUSTIN, J.P., DUFFY, BRATHWAITE NELSON and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court