| Blustein, Shapiro & Rich, LLP v Lefkowitz |
| Motion No: 2008-05027 |
| Slip Opinion No: 2008 NYSlipOp 88162(U) |
| Decided on November 3, 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
M78063
S/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
EDWARD D. CARNI
RANDALL T. ENG, JJ.
|
2008-05027 Blustein, Shapiro & Rich, LLP, respondent, v Jack Lefkowitz, appellant. (Index No. 08-697)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Orange County, dated May 13, 2008, on the ground that a default judgment has been entered in the action. By decision and order on motion dated July 11, 2008, the motion and the appeal were held in abeyance pending determination of the appellant's motion to vacate his default. Application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application to withdraw the appeal and no papers having been filed in opposition 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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 on the court's own motion the decision and order on motion dated July 11, 2008, is recalled and vacated and the motion to dismiss the appeal is denied as academic.
DILLON, J.P., ANGIOLILLO, CARNI and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court