| LaMacchia v Boulevard Gardens Owners Corp. |
| Motion No: 2006-11214 |
| Slip Opinion No: 2007 NYSlipOp 70508(U) |
| Decided on May 31, 2007 |
| 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
M55103
E/sl
REINALDO E. RIVERA, J.P.
GLORIA GOLDSTEIN
PETER B. SKELOS
RUTH C. BALKIN, JJ.
|
2006-11214 Frank LaMacchia, appellant, v Boulevard Gardens Owners Corp., et al., respondents.
(Index No. 27981/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated October 10, 2006, on the ground that it has been rendered academic. Application by the appellant for leave 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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.
RIVERA, J.P., GOLDSTEIN, SKELOS and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court