Cortes v Pagan
Motion No: 2009-05224
Slip Opinion No: 2010 NY Slip Op 66753(U)
Decided on March 26, 2010
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M100295

E/sl

JOSEPH COVELLO, J.P.

ANITA R. FLORIO

HOWARD MILLER

RANDALL T. ENG, JJ.

2009-05224

Victor Cortes, appellant,

v Francisco Pagan, et al., respondents.

(Index No. 16414/08)

DECISION & ORDER ON MOTION

Motion by the respondents Francisco Pagan and Nitza Pagan, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 30, 2009, and to impose a sanction upon the appellant. 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 and the papers 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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 the branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

COVELLO, J.P., FLORIO, MILLER and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court