| Weichert Financial Services v Klein |
| Motion No: 2014-01798 |
| Slip Opinion No: 2014 NY Slip Op 87498(U) |
| Decided on October 23, 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
M181471
E/ct
THOMAS A. DICKERSON, J.P.
SANDRA L. SGROI
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2014-01798 Weichert Financial Services, appellant, v Scott Klein, et al., respondents. (Index No. 11158/10)
| 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, Orange County, dated November 18, 2013. By order to show cause dated June 19, 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 no appeal lies as of right from an order that does not result from a motion made on notice and the application to enlarge the time to perfect the appeal was held in abeyance in the interim. 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ORDERED that the application to withdraw the appeal is granted and the appeal is deemed withdrawn; and it is further,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.
DICKERSON, J.P., SGROI, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court