Opinion
Motion No: 2011-02121 2011-07268 Index No. 09-7997 M134615
03-15-2012
J.C. Land & Site Development, Inc., respondent, v. John Wardrop, et al., defendants, Central Irrigation Supply, Inc., defendant counterclaim plaintiff-appellant; Westchester Irrigation Landscaping Construction Corp., counterclaim defendant-respondent; Rosemary Caporale, nonparty-respondent.
, J.P.
DANIEL D. ANGIOLILLO
ARIEL E. BELEN
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by Central Irrigation Supply, Inc., for this Court to hear an appeal from an order of the Supreme Court, Westchester County, entered February 4, 2011, as an exception to the mootness doctrine. Cross motion by Westchester Irrigation Landscaping Construction Corp. to dismiss the appeal on the ground that it has been rendered academic and to impose a sanction upon Central Irrigation Supply, Inc., and its counsel.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the branch of the cross motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the branch of the cross motion which is to impose a sanction upon Central Irrigation Supply, Inc., and its counsel is denied.
DILLON, J.P., ANGIOLILLO, BELEN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court