Appellate Division: Second Judicial Department

M63393

E/nl

STEPHEN G. CRANE, J.P.

ROBERT A. SPOLZINO

GABRIEL M. KRAUSMAN

WILLIAM E. McCARTHY, JJ.

2007-01415, 2007-01416 Jackal Holdings, LLC, respondent, v JSS Holding Corp., et al., defendants, Frank DeFalco, appellant. (Index No. 30002/04)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, for leave to renew its motion to dismiss appeals from an order of the Supreme Court, Kings County, dated November 14, 2006, and a judgment of the same court dated January 9, 2007, for failure to timely perfect the appeals, which was determined by decision and order on motion dated September 28, 2007, and to direct the Clerk of the Supreme Court, Kings County, to pay to the respondent an undertaking posted by the appellant to satisfy the judgment. Application by the appellant to withdraw the appeals.

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

ORDERED that the application is granted, and the appeals are deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is for leave to renew the motion to dismiss the appeals is denied as academic; and it is further,

ORDERED that the branch of the motion which is to direct the Clerk of the Supreme Court, Kings County, to pay to the respondent the undertaking is denied without prejudice to seeking the same relief in the Supreme Court, Kings County; and it is further,

ORDERED that the motion is otherwise denied.

CRANE, J.P., SPOLZINO, KRAUSMAN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court