Opinion
February 26, 2001.
Motion by the nonparty-respondent on appeals from two orders of the Supreme Court, Rockland County, dated March 13, 2000, and May 24, 2000, respectively, inter alia, to dismiss the appeal from the order dated May 24, 2000, on the ground that it denied reargument. By decision and order on motion of this court dated December 5, 2000, the motion was held in abeyance, and was referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.
Before: O'BRIEN, J.P., FRIEDMANN, GOLDSTEIN and SMITH, JJ., concur.
DECISION ORDER ON MOTION
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, and upon the submission of the appeal, it is
ORDERED that the motion is denied as academic in light of our determination of the appeal (see, Cunningham v. Control Building Services, ___; ___ A.D.2d ___ [decided herewith]).