| Nabil v Hashmi |
| Motion No: 2006-11165 |
| Slip Opinion No: 2006 NYSlipOp 82963(U) |
| Decided on December 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
M48739
E/sl
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
WILLIAM F. MASTRO
MARK C. DILLON, JJ.
|
2006-11165 Messiha, Nabil, etc., et al., respondents, v Imaduddin Syed Hashmi, etc., et al., defendants, Staten Island University Hospital, et al., appellants. (Index No. 30450/05)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated August 29, 2006, on the ground that it was untimely taken. Application by the appellants to withdraw the appeal.
Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
PRUDENTI, P.J., SANTUCCI, MASTRO and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court