| Orellana v Avenue U Partners, LLC |
| Motion No: 2013-00545 |
| Slip Opinion No: 2014 NY Slip Op 73139(U) |
| Decided on May 27, 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
M174579
E/sl
L. PRISCILLA HALL, J.P.
SHERI S. ROMAN
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2013-00545 Luis Orellana, plaintiff-respondent, v Ave U Partners, LLC, et al., defendants-appella JBS Project Management, LLC, defendant plaintiff-appellant; Bayport Construction C third-party defendant-respondent. (Index No. 30051/09)
| DECISION & ORDER ON MOTION nue nts, third-party orp., |
Motion by JBS Project Management, LLC, on appeals from an order of the Supreme Court, Kings County, dated October 26, 2012, to withdraw its appeal and to direct Avenue U Partners, LLC, and Kiska Group, Ltd., to pay for one-half the cost of the joint record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal by Avenue U Partners, LLC, and Kiska Group, Ltd., is dismissed, without costs or disbursements, for failure to timely perfect (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the branch of the motion which is to withdraw the appeal by JBS Project Management, LLC, is granted, and the appeal by JBS Project Management, LLC, is deemed, withdrawn, without costs or disbursments; and it is further,
ORDERED that the motion is otherwise denied.
HALL, J.P., ROMAN, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court