Geddie v Gilmore
Motion No: 2008-07339
Slip Opinion No: 2011 NY Slip Op 77416(U)
Decided on July 1, 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

M122338

E/nl

PETER B. SKELOS, J.P.

ARIEL E. BELEN

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2008-07339

Alice Geddie, appellant, v Willie Jerome

Gilmore, et al., respondents.

(Index No. 3184/05)

DECISION & ORDER ON MOTION

Motion by the respondents Willie Jerome Gilmore and Malissie J. Culbreth to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 12, 2008, based on a determination of the United States Bankruptcy Court for the State of Arizona dated March 21, 2011, and for an award of an attorney's fee. Application by the appellant to withdraw the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of 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ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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 branch of the motion which is to dismiss the appeal is denied as academic; and it is further,

ORDERED that the branch of the motion which is for an award of an attorney's fee is denied.

SKELOS, J.P., BELEN, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court