| Incorporated Village of Freeport v Albrecht, Viggiano, Zurich, & Compa |
| Motion No: 2020-04733 |
| Slip Opinion No: 2021 NY Slip Op 63378(U) |
| Decided on March 19, 2021 |
| 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
M276000
MB/
REINALDO E. RIVERA, J.P.
BETSY BARROS
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI, JJ.
|
2020-04733 Incorporated Village of Freeport, respondent, v Albrecht, Viggiano, Zurich, & Company, P.C., etc., et al., appellants. (Index No. 607889/2015)
| DECISION & ORDER ON MOTION |
2020-09736
Incorporated Village of Freeport, appellant-
respondent, v Albrecht, Viggiano, Zurich, &
Company, P.C., etc., et al., respondents-appellants.
(Index No. 607889/2015)
Appeal from an order of the Supreme Court, Nassau County, entered June 2, 2020, and appeal and cross appeal from an order of the same court entered December 1, 2020. Motion by Incorporated Village of Freeport to dismiss the appeal from the order entered June 2, 2020, on the ground that it has been rendered academic, or, in the alternative, to extend the time to serve and file a respondent's brief in connection with that appeal, and for an award of costs and attorney's fees.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to dismiss the appeal from the order entered June 2, 2020, and for an award of costs and attorney's fees are held in abeyance and referred to the panel of Justices hearing that appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a respondent's brief in connection with the appeal from the order entered June 2, 2020, is denied as academic as the respondent's brief was timely served and filed; and it is further,
ORDERED that on the Court's own motion, the appeal from the order entered June 2, 2020, will be calendared together with the appeal and cross appeal from the order entered December 1, 2020, and the appeal from the order entered June 2, 2020, will be argued or submitted on the same date as the appeal and cross appeal from the order entered December 1, 2020.
RIVERA, J.P., BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court