Matter of Reinauer Transp. Cos., LP v Gigante
2006 NY Slip Op 03094 [28 AD3d 775]
April 25, 2006
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 21, 2006


In the Matter of Reinauer Transportation Companies, LP, et al., Petitioners,
v
Robert J. Gigante, as Justice of the Supreme Court of the State of New York, Respondent.

[*1]Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent, Robert J. Gigante, a Justice of the Supreme Court, Richmond County, to enter an interlocutory judgment on the issue of liability in the case of McConville v Reinauer Transportation Companies, LP, Richmond County index No. 12942/98.

Adjudged that the petition is denied and the proceeding is dismissed as academic, without costs or disbursements.

An interlocutory judgment on the issue of liability in the case of McConville v Reinauer Transportation Companies, LP, was entered on March 2, 2006. Krausman, J.P., Luciano, Fisher and Dillon, JJ., concur.