| Finkelstein v Lincoln National Corporation |
| Motion No: 2011-11295 |
| Slip Opinion No: 2013 NY Slip Op 72096(U) |
| Decided on April 29, 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
M155457
E/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2011-11295 Harold Finkelstein, etc., et al., appellants-respondents, v Lincoln National Corporation, defendant, Lincoln Life & Annuity Company of New York, et al., respondents-appellants. (Index No. 5372/09)
| DECISION & ORDER ON MOTION |
Motion by the respondents-appellants for leave to withdraw their cross appeal from an order of the Supreme Court, Nassau County, dated September 30, 2011. Cross motion by the appellants-respondents for leave to withdraw the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion and the cross motion are denied.
RIVERA, J.P., LEVENTHAL, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court