| Lindsay v Lindsay |
| Motion No: 2013-10339 |
| Slip Opinion No: 2014 NY Slip Op 75156(U) |
| Decided on June 16, 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
M175679
E/sl
REINALDO E. RIVERA, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
JOSEPH J. MALTESE, JJ.
|
2013-10339 Rudie Lindsay, respondent, v Linda Lindsay, appellant. (Index No. 53113/09)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an amended judgment of the Supreme Court, Kings County, dated May 23, 2013. By order to show cause dated April 28, 2014, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the appellant is not aggrieved by the amended judgment entered on stipulation. Application by the appellant to withdraw the appeal.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application to withdraw the appeal is granted and the appeal is deemed withdrawn without costs or disbursements; and it is further,
ORDERED that the motion to dismiss the appeal and the application to enlarge the time to perfect an appeal are denied as academic.
RIVERA, J.P., HALL, AUSTIN and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court