Opinion
2001-07828.
Argued October 9, 2003.
November 24, 2003.
Cross motion by the respondent on appeals from (1) an order and judgment (one paper) of the Supreme Court, Kings County, dated July 27, 2001, and (2) an order of the same court dated September 5, 2001, to dismiss the appeal from the order. By decision and order on motion of this court dated October 26, 2001, the cross motion was held in abeyance and was referred to the Justices hearing the appeal for determination upon the argument or submission thereof.
DECISION ORDER ON MOTION
Upon the papers filed in support of the cross motion and the papers filed in opposition thereto, and upon the argument of the appeal, it is
ORDERED that the cross motion is denied as academic ( see Matter of Best Payphones, Inc. v. Department of Information Technology and Telecommunications of City of New York, A.D.2d [Appellate Division Docket Nos. 2001-07609, 2001-07828, decided herewith]).