Appellate Division: Second Judicial Department

M137424

E/sl

DANIEL D. ANGIOLILLO, J.P.

RANDALL T. ENG

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2011-10042 Richard George, appellant-respondent, v Yoma Development Group, Inc., et al., defendants, Jennifer E. Lozana Luna, et al., respondents, Wells Fargo Bank, N.A., etc., respondent-appellant. (Index No. 10730/06)

DECISION & ORDER ON MOTION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Queens County, dated September 19, 2011. By order to show cause dated April 2, 2012, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal and cross appeal on the ground that the appeal and cross appeal had been rendered academic because the order dated September 19, 2011, was vacated by an order of the same court dated February 7, 2012, and the application was held in abeyance in the interim. Motion by the appellant-respondent pro se to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the joint appendix. Separate motion by the respondents, inter alia, to dismiss the appeal on the ground that it has been rendered academic. Separate application by the respondent-appellant to withdraw its cross appeal.

Upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the respondent-appellant's application is granted and the cross appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the branches of this Court's motion and the respondent-appellant's motion which are to dismiss the appeal on the ground that it has been rendered academic are granted and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the appellant-respondent's motion and application, and the branch of this Court's motion which is to dismiss the cross appeal are denied as academic; and it is further,

ORDERED that the respondent-appellant's motion is otherwise denied as academic.

ANGIOLILLO, J.P., ENG, LOTT and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court