| Hatem v Hatem |
| Motion No: 2008-02372 |
| Slip Opinion No: 2008 NYSlipOp 73814(U) |
| Decided on June 5, 2008 |
| 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
M71083
E/cb
STEVEN W. FISHER, J.P.
EDWARD D. CARNI
WILLIAM E. McCARTHY
ARIEL E. BELEN, JJ.
|
2008-02372 Sandra Elena Hatem, respondent, v Albert Anthony Hatem, appellant. (Index No. 3682/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, entered September 24, 2007, on the ground that it was untimely taken and for an award of costs and disbursements and to impose a sanction upon the appellant. Application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motion and upon the application, and no other papers having been filed in response 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ORDERED that the application is granted and the appeal is deemed withdrawn without costs or disbursements; and it is further,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 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.
FISHER, J.P., CARNI, McCARTHY and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court