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Coccia v. Liotti

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


February 9, 2010

JOAN COCCIA, RESPONDENT,
v.
THOMAS F. LIOTTI, APPELLANT.

In an action, inter alia, to recover damages for legal malpractice, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Lally, J.), entered September 13, 2007, as denied those branches of his cross motion which were for summary judgment dismissing the complaint.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

REINALDO E. RIVERA, J.P., MARK C. DILLON, ARIEL E. BELEN and SHERI S. ROMAN, JJ.

(Index No. 5195/06)

DECISION & ORDER

ORDERED that the appeal is dismissed, without costs or disbursements, as the order appealed from was superseded by two orders of the same court entered May 5, 2008, and July 9, 2008, respectively, both made, in effect, upon renewal (see Coccia v Liotti,AD3d [Appellate Division Docket No. 2008-04775, decided herewith]).

We decline the plaintiff's request to impose sanctions against the defendant in connection with this appeal (see 22 NYCRR 130-1.1).

RIVERA, J.P., DILLON, BELEN and ROMAN, JJ., concur.

20100209

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