INTERNATIONAL SHOPPES, INC. RESPONDENTS- ap, v. AT THE AIRPORT, LLC def, CONCETTA PETRUCCI, APPELLANT-res

INTERNATIONAL SHOPPES, INC. RESPONDENTS- ap, v. AT THE AIRPORT, LLC def, CONCETTA PETRUCCI, APPELLANT-res — (INDEX NO. 4425/11)In an action, inter alia, to recover damages for breach of a settlement agreement, the defendant Concetta Petrucci appeals, as limited by her brief, (1) from so much of an order of the Supreme Court, Nassau County (Brandveen, J.), entered August 8, 2012, as directed a hearing on her motion for summary judgment, in effect, determining that this action is one involving public petition and participation within the meaning of Civil Rights Law §76-a, dismissing the complaint insofar as asserted against her, and on her counterclaim pursuant to Civil Rights Law §70-a, and (2) from so much of an order of the same court entered March 11, 2013, as, upon reargument, vacated so much of the order entered August 8, 2012, as directed a hearing on her motion for summary judgment, and thereupon, in effect, denied her motion, and the plaintiffs cross-appeal, as limited by their brief, (1) from so much of the order entered August 8, 2012, as directed a hearing on the defendant Concetta Petrucci's motion for summary judgment, and (2) from so much of the order entered March 11, 2013, as, in effect, denied that branch of their motion which was, in effect, for summary judgment determining that this action is not one involving public petition and participation within the meaning of Civil Rights Law §76-a.

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INTERNATIONAL SHOPPES, INC. RESPONDENTS- ap, v. AT THE AIRPORT, LLC def, CONCETTA PETRUCCI, APPELLANT-res — (INDEX NO. 4425/11)In an action, inter alia, to recover damages for breach of a settlement agreement, the defendant Concetta Petrucci appeals, as limited by her brief, (1) from so much of an order of the Supreme Court, Nassau County (Brandveen, J.), entered August 8, 2012, as directed a hearing on her motion for summary judgment, in effect, determining that this action is one involving public petition and participation within the meaning of Civil Rights Law §76-a, dismissing the complaint insofar as asserted against her, and on her counterclaim pursuant to Civil Rights Law §70-a, and (2) from so much of an order of the same court entered March 11, 2013, as, upon reargument, vacated so much of the order entered August 8, 2012, as directed a hearing on her motion for summary judgment, and thereupon, in effect, denied her motion, and the plaintiffs cross-appeal, as limited by their brief, (1) from so much of the order entered August 8, 2012, as directed a hearing on the defendant Concetta Petrucci’s motion for summary judgment, and (2) from so much of the order entered March 11, 2013, as, in effect, denied that branch of their motion which was, in effect, for summary judgment determining that this action is not one involving public petition and participation within the meaning of Civil Rights Law §76-a.

ORDERED that the appeal and cross appeal from the order entered August 8, 2012, are dismissed as academic, without costs or disbursements, in light of the subsequent vacatur of the portions of that order appealed and cross-appealed from in the order entered March 11, 2013, and our determination of the appeal and cross appeal therefrom; and it is further,

INTERNATIONAL SHOPPES, INC. RESPONDENTS- ap, v. AT THE AIRPORT, LLC def, CONCETTA PETRUCCI, APPELLANT-res

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