Rivera v Delaware River Valley Leasing Corp.
Motion No: 2014-08619
Slip Opinion No: 2015 NY Slip Op 89892(U)
Decided on November 6, 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

M201146

E/ct

RANDALL T. ENG, P.J.

RUTH C. BALKIN

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2014-08619

Jason Rivera, appellant, v Delaware River

Valley Leasing Corp., et al., respondents.

(Index No. 22648/12)

DECISION & ORDER ON MOTION

Motion by the appellant to dismiss an appeal from an order of the Supreme Court, Kings County, dated July 2, 2014, on the ground that the order has been superseded by an order of the same court dated July 22, 2015, or, in the alternative, to enlarge the time to serve and file a brief. Application by the appellant to withdraw the appeal.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbrusements; and it is further,

ORDERED that the motion is denied as academic.

ENG, P.J., BALKIN, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court