Opinion
Submitted February 10, 2000.
April 6, 2000.
DECISION ORDER ON MOTION
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, dated March 26, 1999, on the ground that the appeal is academic, and to impose a sanction upon the appellant pursuant to 22 NYCRR 130.1-1.
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 denied as academic in light of our determination of the appeal (see, Matter of Mistero v. Cavendish Realty, ___ A.D.2d ___ [decided herewith]); and it is further,
ORDERED that the motion is otherwise denied.
SANTUCCI , J.P., JOY, GOLDSTEIN and SCHMIDT, JJ., concur.