| Bythewood v Wittenstein |
| Motion No: 2010-06180 |
| Slip Opinion No: 2010 NY Slip Op 83800(U) |
| Decided on September 30, 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
M108816
E/sl
WILLIAM F. MASTRO, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
PLUMMER E. LOTT, JJ.
|
2010-06180 David A. Bythewood, appellant, v Harlan Wittenstein, respondent. (Index No. 844/10)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered May 26, 2010, on the ground that no appeal lies from an order entered upon the default of the appealing party. Application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
MASTRO, J.P., DICKERSON, ENG and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court