| Stefano Barbera v 40 Broad Del., Inc. Et Al. |
| Motion No: 2011-02923 ric |
| Slip Opinion No: 2012 NY Slip Op 62120(U) |
| Decided on January 20, 2012 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHELLE WESTON, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Stefano Barbera, Respondent, v 40 Broad Delaware, Inc. et al., Defendants, and Schindler Elevator Corporation, Appellant. |
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Richmond County, entered December 9, 2010, for failure to prosecute. Separate motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Richmond County, entered June 21, 2011, for failure to prosecute. Cross motion by appellant, in essence, to withdraw the appeals without prejudice.
Upon the papers filed in support of the motions and cross motion, it is
ORDERED, on the court's own motion, that the motions by respondent and the cross motion by appellant are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's cross motion is granted and the appeals are withdrawn without prejudice; and it is further,
ORDERED that respondent's motions are denied as moot.
ENTER:
Paul Kenny
Chief Clerk