| Casey v Cold Spring Harbor Volunteer Fire Department, Inc. |
| Motion No: 2021-00780 |
| Slip Opinion No: 2023 NY Slip Op 66071(U) |
| Decided on April 28, 2023 |
| 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
M288739
KS/
MARK C. DILLON, J.P.
ROBERT J. MILLER
DEBORAH A. DOWLING
LILLIAN WAN, JJ.
|
2021-00780 Lynn Rozzi Casey, appellant, v Cold Spring Harbor Volunteer Fire Department, Inc., et al., respondents. (Index No. 602020/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated December 2, 2020. Motion by the respondents to dismiss the appeal, inter alia, on the ground that it has been rendered academic.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal from so much of the order as dismissed the complaint insofar as asserted against the respondents Cold Spring Harbor Volunteer Fire Department, Inc. and Cold Spring Harbor Fire District is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., MILLER, DOWLING and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court