Blackman v Stagno
Motion No: 2008-06632
Slip Opinion No: 2008 NYSlipOp 87381(U)
Decided on October 27, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M77661

E/cb

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

ARIEL E. BELEN, JJ.

2008-06632

Kiley Blackman, respondent,

v Barbara Stagno, appellant.

(Index No. 03-17205)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, entered June 10, 2008, for failure to timely perfect in accordance with the rules of this court (see 22 NYCRR 670.8[e]). Application by the appellant to withdraw the appeal

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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ORDERED that the application is granted and the appeal is marked withdrawn; and it is further,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.

SKELOS, J.P., ANGIOLILLO, BALKIN and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court