Gambino v 835 Avenue of the Americas, L.P.
Motion No: 2011-01224
Slip Opinion No: 2011 NY Slip Op 76492(U)
Decided on June 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M119631

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2011-01224

Rosario Gambino, et al., respondents,

v 835 Avenue of the Americas, L.P.,

et al., appellants.

(Index No. 11238/08)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Kings County, dated December 14, 2010, for leave to file a supplemental record, to direct the appellants to reimburse them for the cost of the supplemental record, and to enlarge the time to serve and file a brief. Cross motion by the appellants to withdraw the appeal.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in relation thereto, it is

ORDERED that the cross motion is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion is denied as academic.

ANGIOLILLO, J.P., DICKERSON, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court