Matter of Bopp v DiBella
Motion No: 2014-08214
Slip Opinion No: 2015 NY Slip Op 71072(U)
Decided on April 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M191098

E/ct

CHERYL E. CHAMBERS, J.P.

THOMAS A. DICKERSON

HECTOR D. LASALLE

BETSY BARROS, JJ.

2014-08214

In the Matter of Donald F. Bopp, appellant,

v Robert M. DiBella, respondent.

(Index No. 3/14)

DECISION & ORDER ON MOTION

Appeal by Donald F. Bopp from an order of the Supreme Court, Westchester County, dated July 2, 2014. By order to show cause dated February 13, 2015, the parties were directed to show cause why an order should or should not be made and entered dismissing the above-entitled appeal on the ground that the order dated July 2, 2014, is not appealable either as of right or by permission. Application by the appellant to withdraw the appeal.

On the Court's own motion, it is

ORDERED that the application is granted and the appeal is marked withdrawn; and it is further,

ORDERED that the motion to dismiss the appeal is denied.

CHAMBERS, J.P., DICKERSON, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court