2010-174 S C. MACCARONE PLUMBING, INC v. FIVE STAR 376 LARKFIELD RD., LLC — Motion by appellant on an appeal from an order of the District Court of Suffolk County, entered November 23, 2009, for an enlargement of time to serve and file papers in opposition to respondent's prior motion to dismiss the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that motion is denied as moot.

By decision and order of this court dated September 20, 2012, respondent's motion was denied.