| Brown v Stop & Shop Supermarket |
| Motion No: 2014-07443 |
| Slip Opinion No: 2015 NY Slip Op 66243(U) |
| Decided on March 9, 2015 |
| 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
M188570
E/ct
RUTH C. BALKIN, J.P.
L. PRISCILLA HALL
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
|
2014-07443 Liana A. Brown, appellant, v Stop & Shop Supermarket, respondent. (Index No. 58225/11)
| 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, Westchester County, dated June 5, 2014. By order to show cause dated January 20, 2015, 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 dated June 5, 2014, is not appealable as of right (see CPLR 5701[b][1]), and leave to appeal has not been granted. Separate 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ORDERED that the application to withdraw the appeal is granted and the appeal is marked withdrawn; and it is further, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal is denied as academic.
BALKIN, J.P., HALL, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court