| DOLORES M. MORGAN V ALLPRO PARKING, LLC AND BNMC PARKING, LLC |
| Motion No: CA 13-01000 |
| Slip Opinion No: 2013 NY Slip Op 78351(U) |
| Decided on June 21, 2013 |
| Appellate Division, Fourth 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. |
DOCKET NO. CA 13-01000
| DOLORES M. MORGAN, PLAINTIFF-APPELLANT, V ALLPRO
PARKING, LLC AND BNMC PARKING, LLC, DEFENDANTS-RESPONDENTS. |
Respondent Allpro Parking, LLC having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 28, 2013, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Leo T. Fabrizi, Esq., dated May 28, 2013, the notice of motion with proof of service thereof, and the stipulation for withdrawal of appeal, signed by Charles, H. Cobb, Esq., Leo T. Fabrizi, Esq., and Joanna M. Healy, Esq., dated June 7, 2013,
It is hereby ORDERED that the motion is dismissed as moot.
Entered: June 21, 2013
Frances E. Cafarell, Clerk