| Alizio v Feldman |
| Motion No: 2011-01197 |
| Slip Opinion No: 2011 NY Slip Op 66515(U) |
| Decided on March 10, 2011 |
| 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
M116807
E/sl
DANIEL D. ANGIOLILLO, J.P.
ANITA R. FLORIO
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
|
2011-01197 Joseph Alizio, appellant, et al., plaintiff, v Richard B. Feldman, et al., respondents. (Index No. 3732/07)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, entered December 10, 2010, as untimely taken. 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is denied.
ANGIOLILLO, J.P., FLORIO, HALL and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court