Greene v Martas
Motion No: 2005-08467
Slip Opinion No: 2006 NYSlipOp 70083(U)
Decided on June 8, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M40566

E/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2005-08467

Alice Greene, et al., appellants,

v Yvetter Martas, etc., et al., respondents.

(Index No. 43279/01)

DECISION & ORDER ON MOTION

Motion by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 30, 2005, and cross motion by the respondents Yvetter Martas, Michael Silverstein, New York University OB/GYN Associates, and New York University Medical Center to dismiss the appeal for failure to timely perfect the same.

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

ORDERED that the motion is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the cross motion is denied.

CRANE, J.P., GOLDSTEIN, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court