Appellate Division: Second Judicial Department

M177410

E/ct

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

COLLEEN D. DUFFY, JJ.

2013-10531 Geraldine Armistead, appellant, v Maureen Deasy, etc., respondent. (Index No. 5126/11)

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 order of the Supreme Court, Richmond County, dated August 14, 2013. By order to show cause dated April 9, 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 order is not appealable as of right as it is not the result of a motion made on notice and leave to appeal has not been granted. 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ORDERED that the application to withdraw the appeal is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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 the appeal are denied as academic.

RIVERA, J.P., DICKERSON, CHAMBERS and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court