| Perry v Incorporated Village of Patchogue |
| Motion No: 2012-02462 |
| Slip Opinion No: 2013 NY Slip Op 60950(U) |
| Decided on January 10, 2013 |
| 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
M148870
E/ct
RANDALL T. ENG, P.J.
DANIEL D. ANGIOLILLO
SANDRA L. SGROI
SYLVIA HINDS-RADIX, JJ.
|
2012-02462 William Perry, appellant, v Incorporated Village of Patchogue, et al., respondents. (Index No. 13327/10)
| DECISION & ORDER ON MOTION |
Motion by the respondent County of Suffolk to dismiss an appeal from an order of the Supreme Court, Westchester County, dated October 11, 2011, for failure to timely perfect. Application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motion and 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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 is denied as academic.
ENG, P.J., ANGIOLILLO, SGROI and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court