Pickett v 992 Gates Avenue Corporation
Motion No: 2007-07936
Slip Opinion No: 2007 NYSlipOp 87052(U)
Decided on December 20, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M63833

E/nl

A. GAIL PRUDENTI, P.J.

STEPHEN G. CRANE

STEVEN W. FISHER

WILLIAM E. McCARTHY, JJ.

2007-07936

Norman Pickett, et al., respondents,

v 992 Gates Avenue Corporation, et al.,

appellants, et al., defendant.

(Index No. 26265/00)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated July 16, 2007, as premature. Application by the appellants to withdraw the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the application, it is

ORDERED that the application is granted and the appeal is marked withdrawn; and it is further,

ORDERED that the motion is denied as academic.

PRUDENTI, P.J., CRANE, FISHER and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court