Supreme Court of New York, Appellate Division, Second Department
September 29, 1997
Zoning Bd. of Appeals of Village of Westbury
Motion by the respondent on appeals from a decision of the Supreme Court, Nassau County, dated October 7, 1996, and a judgment of the same court, dated November 7, 1996, inter alia, to dismiss the appeal from the decision on the ground, among other things, that the decision was superseded by the judgment. By decision and order on motion of this court dated March 21, 1997, that branch of the motion which was to dismiss the appeal from the decision dated October 7, 1996, was held in abeyance and was referred to the Justices hearing the appeals for determination upon the argument or submission of the appeals.
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 from the decision is denied as academic in light of our determination of the appeal.
BRACKEN, J.P., and ROSENBLATT, GOLDSTEIN and LUCIANO, JJ., concur.