NANCY J. BROMKA, JAMES H. BROMKA, WALTER A. TROUTMAN AND CHERYL A. TROUTMAN V JAMES BORCHARD AND KATHY DETHIER
Motion No: CA 20-00794 AND CA 20-01018
Slip Opinion No: 2021 NY Slip Op 73461(U)
Decided on October 15, 2021
Appellate Division, Fourth 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.


October 15, 2021

PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, WINSLOW, AND BANNISTER, JJ.

CA 20-00794 AND CA 20-01018

NANCY J. BROMKA, JAMES H. BROMKA, WALTER A. TROUTMAN

AND CHERYL A. TROUTMAN, PLAINTIFFS-APPELLANTS,

V

JAMES BORCHARD AND KATHY DETHIER, DEFENDANTS-RESPONDENTS.


Defendants having moved to dismiss the appeals taken herein from orders of the Supreme Court, Seneca County, entered February 13, 2020, and August 8, 2019, on the ground that the appeals are moot, and having moved for other relief,

Now, upon reading and filing the papers with respect to the motion, in which plaintiffs only oppose the dismissal of their appeal relating to their cause of action for easement by necessity and, as confirmed at oral argument, do not oppose the dismissal of their appeal relating to their second and third causes of action, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeals are dismissed.

Entered: October 15, 2021

Ann Dillon Flynn

Clerk of the Court