Rosenblum v County of Rockland
Motion No: 2022-03338
Slip Opinion No: 2022 NY Slip Op 76005(U)
Decided on December 19, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M286498

AFA/

FRANCESCA E. CONNOLLY, J.P.

PAUL WOOTEN

JOSEPH A. ZAYAS

BARRY E. WARHIT, JJ.

2022-03338

Stephanie R. Rosenblum, respondent,

v County of Rockland, et al., appellants,

et al., defendant.

(Index No. 31775/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Rockland County, dated April 13, 2022. Motion by the appellants to stay the trial on the issue of damages and for a preference in the calendaring of the appeal. Cross motion by the respondent to dismiss the appeal on the ground that the order was superseded by an order of the same court, dated October 14, 2022, or, in the alternative, to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and the papers filed in relation thereto, it is

ORDERED that the branch of the cross motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs and disbursements; and it is further,

ORDERED that the cross motion is otherwise denied as academic; and it is further,

ORDERED that the motion is denied as academic.

CONNOLLY, J.P., WOOTEN, ZAYAS and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court