| Ackerman v Kesselman |
| Motion No: 2010-00467 |
| Slip Opinion No: 2010 NY Slip Op 78759(U) |
| Decided on August 4, 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
M106550
E/sl
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
RUTH C. BALKIN
SHERI S. ROMAN, JJ.
|
2010-00467 Paul Ackerman, etc., respondent, v Stephen E. Kesselman, etc., et al., appellants, et al., defendant. (Index No. 12816/08)
| DECISION & ORDER ON MOTION |
Motion by the appellants, in effect, to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 26, 2009, without prejudice, and for leave to reinstate the appeal in the event the above-entitled action is reinstated in Supreme Court, Kings County. Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect 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ORDERED that the motion is granted to the extent that the appeal is deemed withdrawn without prejudice to the appellants making a motion to reinstate the appeal in the event that the above-entitled action is reinstated in Supreme Court, Kings County; and it is further,
ORDERED that the application is denied as academic.
RIVERA, J.P., ANGIOLILLO, BALKIN and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court