| Romeo v Barrella |
| Motion No: 2010-01159 |
| Slip Opinion No: 2010 NY Slip Op 69301(U) |
| Decided on April 22, 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. |
Appellate Division: Second Judicial Department
M101546
E/sl
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL
SHERI S. ROMAN, JJ.
|
2010-01159 Donna Romeo, appellant, v Ryan Barrella, et al., respondents. (Index No. 08-3087)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents Pietsch Gardens Cooperative, Inc., and Pietsch Gardens Cooperative Board of Directors, joined by Ryan Barrella and Sandra Barrella to dismiss an appeal from an order of the Supreme Court, Westchester County, entered August 13, 2009, 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ORDERED that the application is granted and the appeal is marked withdrawn; and it is further,
ORDERED that the motion is denied as academic.
SKELOS, J.P., ANGIOLILLO, LEVENTHAL and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court