| Schwimmer & Meisels Corporation v Brooklyn Navy Yard Development |
| Motion No: 2023-03576 |
| Slip Opinion No: 2024 NY Slip Op 61301(U) |
| Decided on January 26, 2024 |
| 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
M293758
AFA/
VALERIE BRATHWAITE NELSON, J.P.
DEBORAH A. DOWLING
HELEN VOUTSINAS
LAURENCE L. LOVE, JJ.
|
2023-03576 Schwimmer & Meisels Corporation, et al., appellants, v Brooklyn Navy Yard Development Corporation, respondent. (Index No. 501673/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated February 27, 2023. Motion by the respondent to dismiss the appeal on the ground that it has been rendered academic, or in the alternative, to strike stated portions of the appendix and the appellants' brief on the ground that they refer to matter dehors the record, and 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, it is
ORDERED that the branch of the 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 motion is otherwise denied as academic.
BRATHWAITE NELSON, J.P., DOWLING, VOUTSINAS and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court