| Matter of Gibbs v Alexander |
| Motion No: 2008-06151 |
| Slip Opinion No: 2008 NYSlipOp 91877(U) |
| Decided on December 12, 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
M79756
E/sl
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
CHERYL E. CHAMBERS, JJ.
|
2008-06151 In the Matter of Troy Gibbs, respondent, v George B. Alexander, etc., appellant. (Index No. 08-204)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Orange County, dated May 5, 2008, for failure to timely perfect the same. Application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., ANGIOLILLO, DICKERSON and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court