| Dellafiora v McPhillips, f/k/a Dellafiora |
| Motion No: 2009-01654 |
| Slip Opinion No: 2009 NY Slip Op 72004(U) |
| Decided on May 8, 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
M86329
E/cb
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
THOMAS A. DICKERSON
PLUMMER E. LOTT, JJ.
|
2009-01654 John J. Dellafiora, appellant, v Kathleen S. McPhillips, f/k/a Kathleen S. Dellafiora, respondent. (Index No. 7461/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Orange County, dated December 3, 2008, as untimely taken. 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 in relation thereto, and upon the application, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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 motion is denied as academic.
MASTRO, J.P., RIVERA, DICKERSON and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court