| Klass v Island Cardiovascular Associates, P.C. |
| Motion No: 2011-09939 |
| Slip Opinion No: 2012 NY Slip Op 89422(U) |
| Decided on November 2, 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
M145765
E/sl
ANITA R. FLORIO, J.P.
JOHN M. LEVENTHAL
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
|
2011-09939 Richard L. Klass, et al., appellants, v Island Cardiovascular Associates, P.C., et al., respondents. (Index No. 38339-08)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, entered September 16, 2011, for failure to timely perfect. Application by the appellants to withdraw the appeal.
Upon the papers filed in support of the motion and the application and the papers filed in opposition 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ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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 is denied.
FLORIO, J.P., LEVENTHAL, LOTT and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court