Appellate Division: Second Judicial Department

M151815

E/ct

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

SYLVIA HINDS-RADIX, JJ.

2012-06813 Ellen Dobbyn-Blackmore, et al., appellants, v City of New York, et al., respondents (and another title). (Index No. 9634/09)

DECISION & ORDER ON MOTION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 2, 2012. By order to show cause dated December 12, 2012, the parties or their attorneys are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies from an order entered upon the default of the appealing party, and the application was held in abeyance in the interim. Application by the appellants to withdraw the appeal.

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

ORDERED that the application to withdraw the appeal is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the application to enlarge the time to perfect the appeal and the motion to dismiss the appeal are denied as academic.

BALKIN, J.P., CHAMBERS, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court