| Lew v Sobel |
| Motion No: 2011-06013 |
| Slip Opinion No: 2011 NY Slip Op 89608(U) |
| Decided on November 14, 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
M128245
E/sl
ANITA R. FLORIO, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2011-06013 Mark Lew, appellant, v Gail Sobel, respondent. (Index No. 8596/03)
| DECISION & ORDER ON MOTION |
Appeal by Mark Lew from an order of the Supreme Court, Nassau County, dated March 17, 2011. By order to show cause dated September 7, 2011, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and dismissing the appeal in the above-entitled action on the ground that no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion and leave to appeal has not been granted. Application by the appellant to withdraw the appeal.
Now, upon the order to show cause and the papers filed in response 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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 motion to dismiss the appeal is denied.
FLORIO, J.P., HALL, AUSTIN and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court