| Berg v Cahill |
| Motion No: 2019-02503 |
| Slip Opinion No: 2022 NY Slip Op 61399(U) |
| Decided on February 7, 2022 |
| 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
M281372
MB/
MARK C. DILLON, J.P.
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER, JJ.
|
2019-02503 William C. Berg, plaintiff, George Bubaris, et al., appellants, v Michael J. Cahill, etc., et al., respondents. (Index No. 621195/2016)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated January 16, 2019. Motion by the respondents Preserve at Indian Hills, LLC, Fort Slongo, LLC, and Indian Hills CC, LLC to dismiss the appeal from stated portions of the order on the ground that the appeal from those portions has been rendered academic. Separate motion by the respondents Michael J. Cahill and Maude D. Roberg Revocable Living Trust to dismiss the appeal from stated portions of the order on the ground that the appeal from those portions has been rendered academic.
Upon the papers filed in support of the motion by the respondents Preserve at Indian Hills, LLC, Fort Slongo, LLC, and Indian Hills CC, LLC and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the motion by the respondents Michael J. Cahill and Maude D. Roberg Revocable Living Trust and the papers filed in opposition thereto, it is
ORDERED that the motions are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
DILLON, J.P., DUFFY, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court