| Reinhardt v Sunrise At Mill Basin |
| Motion No: 2008-08915 |
| Slip Opinion No: 2009 NYSlipOp 66178(U) |
| Decided on March 11, 2009 |
| 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
M83472
E/sl
REINALDO E. RIVERA, J.P.
JOSEPH COVELLO
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2008-08915 William Reinhardt, etc., appellant-respondent, v Sunrise At Mill Basin, et al., respondents- appellants, et al., defendant. (Index No. 22407/05)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents-appellants on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated August 21, 2008, to dismiss the appeal on the ground that the appellant-respondent is not aggrieved by the order appealed from. Application by the appellant-respondent to withdraw the appeal.
Upon the papers filed in support of the motion and the papers filed 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ORDERED that the application is granted and the appeal is marked withdrawn; and it is further,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.
RIVERA, J.P., COVELLO, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court