| Matter of Singletary v Hernandez |
| Motion No: 2006-00547 |
| Slip Opinion No: 2006 NYSlipOp 68683(U) |
| Decided on May 12, 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
M39577
O/nal
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
|
2006-00547
In the Matter of Terri Singletary, petitioner- respondent, v Tino Hernandez, appellant- respondent, Rockhull Redevelopment Assoc., LP, respondent-appellant. (Index No. 41644/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated November 7, 2005, to dismiss the cross appeal on the ground that it was untimely taken, and application by the respondent-appellant to withdraw the cross appeal.
Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the cross appeal is marked withdrawn; and it is further,
ORDERED that the motion is denied as academic.
MILLER, J.P., RITTER, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court