| SS Constantine and Helen's Romanian Orthodox Church |
| Motion No: 2006-01341 |
| Slip Opinion No: 2006 NYSlipOp 65606(U) |
| Decided on March 27, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M37723
E/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2006-01341 SS Constantine and Helen's Romanian Orthodox Church of America, respondent, v Z. Zindel, Inc., appellant. (Index No. 12103/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated July 13, 2005, on the ground that it was untimely taken. Cross application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motion and the cross application, and the papers filed in opposition to the motion, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements.
KRAUSMAN, J.P., GOLDSTEIN, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court