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PONDVIEW CORP. APPELLANTS plf, v. RUSSAND, INC., def, TAPPAN ZEE SENIOR MANAGEMENT CORP. res — (INDEX NO. 822/03)In an action, inter alia, for ejectment, the plaintiffs Pondview Corp. and Parkfield Properties appeal, as limited by their brief, (1) from so much of an order of the Supreme Court, Rockland County (Berliner, J.), dated October 9, 2012, as granted that branch of the motion of the defendants Tappan Zee Senior Management Corp. and Andrew Blatt which was to confirm so much of the report of a referee, dated October 19, 2011, as recommended that Pondview Corp. and Parkfield Properties pay an operating deficit incurred while an assisted living facility on the subject property was under receivership and return certain personal property belonging to Tappan Zee Senior Management Corp. and Andrew Blatt, and (2) from so much of a supplemental order and judgment (one paper) of the same court dated December 2, 2013, as confirmed those portions of the referee’s report and directed Pondview Corp. and Parkfield Properties to pay the operating deficit and return the subject personal property.

ORDERED that the appeal from the order dated October 9, 2012, is dismissed, as the order was superseded by the supplemental order and judgment dated December 2, 2013; and it is further,

 
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