| Mizrahi v Cohen |
| Motion No: 2013-01874 |
| Slip Opinion No: 2013 NY Slip Op 86291(U) |
| Decided on September 25, 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
M162769
J/
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
|
2013-01874 Ronald Mizrahi, respondent, v Ezra Cohen, appellant. (Index No. 3865/10)
| DECISION & ORDER ON APPLICATION |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 15, 2013. By decision and order on motion of this Court dated March 26, 2013, the branch of the appellant's motion which was to stay enforcement of the order dated January 15, 2013, was granted. By decision and order on motion of this Court dated June 25, 2013, the branch of the respondent's motion which was to dismiss the appeal was held in abeyance and referred to the panel of Justices hearing the appeal for determination.
Upon the papers filed in support of 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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 stay granted by decision and order on motion of this Court dated March 26, 2013, is vacated forthwith; and it is further,
ORDERED that the branch of the respondent's motion which is to dismiss the appeal is denied as academic.
ENG, P.J., RIVERA, LOTT and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court