Parigi v Di Monda
Motion No: 2010-04352
Slip Opinion No: 2010 NY Slip Op 75275(U)
Decided on June 24, 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

M104635

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2010-04352

Michaela Parigi, appellant,

v Jean Di Monda, et al., defendants,

Town of North Hempstead, et al., respondents.

(Index No. 4631/08)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, entered February 11, 2010, 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ORDERED that application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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.

SKELOS, J.P., ENG, HALL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court