| Amato v Kaplan |
| Motion No: 2009-04346 |
| Slip Opinion No: 2009 NY Slip Op 74848(U) |
| Decided on June 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
M87799
E/sl
ROBERT A. SPOLZINO, J.P.
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2009-04346 Robert Amato, appellant, v Myron Kaplan, etc., et al., respondents.
(Index No. 9533-06)
| DECISION & ORDER ON MOTION |
Motion by Myron Kaplan, Janet Krudop, estate of Robert H. Krudop, and North Fork Preserve Co. to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated February 23, 2009, as untimely taken. Application by the appellant 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 dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
SPOLZINO, J.P., ANGIOLILLO, CHAMBERS and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court