| Kumar v Clinton |
| Motion No: 2010-02874 |
| Slip Opinion No: 2010 NY Slip Op 81472(U) |
| Decided on September 3, 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
M107700
E/sl
ANITA R. FLORIO, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2010-02874 Ramesh Kumar, et al., appellants, v McDonald Clinton, defendant third-party plaintiff-respondent, Maria Nestoratos, et al., defendants-respondents; Kathy Kourkomelis, third-party defendant-respondent. (Index No. 28262/07)
| DECISION & ORDER ON MOTION |
Separate motions by (1) McDonald Clinton and (2) Maria Nestoratos and Kathy Kourkomelis to dismiss an appeal from an order of the Supreme Court, Kings County, dated November 6, 2009, as untimely taken. Application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motions 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ORDERED that the application is granted and the appeal is deemed withdrawn; and it is further,
ORDERED that the motions are denied as academic.
FLORIO, J.P., DICKERSON, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court