Shek Kiu Wan v Siu Kuen Wan
Motion No: 2006-06868
Slip Opinion No: 2006 NYSlipOp 80799(U)
Decided on November 29, 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

M47057

O/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-06868

Shek Kiu Wan, respondent, v

Siu Kuen Wan, appellant.

(Index No. 20177/98)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, June 8, 2006, on the ground that the appellant is not aggrieved by the order appealed from and to impose costs and sanctions on the appellant for pursuing a frivolous appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the stipulation of the parties dated October 13, 2006, to withdraw the appeal, it is

ORDERED that the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal is denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

CRANE, J.P., RITTER, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court