| Constantino v Dock's Clam Bar and Pasta House |
| Motion No: 2011-11151 |
| Slip Opinion No: 2012 NY Slip Op 79682(U) |
| Decided on July 24, 2012 |
| 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
M141018
E/nl
THOMAS A. DICKERSON, J.P.
ARIEL E. BELEN
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
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2011-11151 DECISION & ORDER ON MOTION Christopher Constantino, et al., respondents, v Dock's Clam Bar and Pasta House, et al., defendants-respondents, Tottenville Commons, et al., defendants third-party plaintiffs-appellants; Luigi Esposito, third-party defendant-respondent. (Index No. 101036/06)
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Appeal by Tottenville Commons, LLC, incorrectly sued herein as Tottenville Commons, and John Noce from an order of the Supreme Court, Richmond County, dated October 24, 2011. By order to show cause dated June 11, 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 on the ground that the above-entitled action has been settled and the appeal has been rendered academic. Application by the appellants to withdraw their 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ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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 as academic.
DICKERSON, J.P., BELEN, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court