| Melendez v Plato General Contractor |
| Motion No: 2013-10443 |
| Slip Opinion No: 2014 NY Slip Op 62347(U) |
| Decided on January 29, 2014 |
| 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
M168824
E/sl
PETER B. SKELOS, J.P.
MARK C. DILLON
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
|
2013-10443 Daniel Melendez, et al., appellants, v Plato General Contractor, defendant, Innovative Electrical Solutions Corporation, et al., respondents. (Index No. 1810/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent Innovative Electrical Solutions Corporation to dismiss an appeal from an order of the Supreme Court, Queens County, entered September 16, 2013, as untimely taken. Application by the appellants to withdraw the appeal.
Upon the papers filed in support of the motion and the application, the papers filed in opposition to the application, and no papers having been filed in opposition or in relation to the motion, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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.
SKELOS, J.P., DILLON, HALL and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court