Appellate Division: Second Judicial Department

M141385

H/ct

ANITA R. FLORIO, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2011-08934 Patricia Famiglietti, respondent-appellant, v Burglington Coat Factory Warehouse Corporation, defendant third-party plaintiff appellant-respondent; Schindler Elevator Corporation, third-party defendant respondent. (Index No. 36695/07)

DECISION & ORDER ON MOTION

Motion by the defendant third-party plaintiff appellant-respondent to dismiss the cross appeal from an order of the Supreme Court, Suffolk County, entered July 29, 2011, for failure to timely perfect the same, and if that relief is granted, for leave to withdraw its appeal from the order entered July 29, 2011. Cross motion by the third-party defendant respondent to dismiss the appeal and the cross appeal from the order entered July 29, 2011, for failure to timely perfect the same.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in response thereto, it is

ORDERED that the motion and that branch of the cross motion which is to dismiss the cross appeal are granted, the cross appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]), and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal is denied as academic.

FLORIO, J.P., LEVENTHAL, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court