Opinion
153N, 153NA
February 20, 2003.
Order, Supreme Court, New York County (Herman Cahn, J.), entered June 11, 2002, which granted defendants' motion to renew their opposition to plaintiffs' previously granted motion for appointment of a neutral referee to conduct a sealed bid auction of the parties' Builtland Properties, but upon renewal adhered to the court's prior determination, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered February 13, 2002, which, inter alia, granted plaintiffs' motion for appointment of a neutral referee to conduct a sealed bid auction of the parties' Builtland Properties, unanimously dismissed, without costs, as superseded by the appeal from the order entered June 11, 2002.
HERBERT M. WACHTELL, for Plaintiffs-Respondents.
CHARLES G. MOERDLER, for Defendants-Appellants.
Before: Mazzarelli, J.P., Andrias, Saxe, Buckley, Friedman, JJ.
Our determination in Estate of Milstein v. Milstein ( 298 A.D.2d 200, 748 N.Y.S.2d 53), a matter involving the same parties and issues as the matter at bar, is dispositive of the instant appeal.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.