Affordable Housing Associates, Inc., doing business as Be
Motion No: 2015-05725
Slip Opinion No: 2015 NY Slip Op 91398(U)
Decided on November 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

M202070

S/ct

2015-05725

Affordable Housing Associates, Inc.,

doing business as Beacon Wireless,

respondent-appellant, v Town of Brookhaven,

et al., respondents, Mid-Atlantic Wireless,

LLC, et al., appellants-respondents.

(Index No. 34138/10)

ORDER ON APPLICATION

Application by the plaintiff to withdraw its cross appeal from an order of the Supreme Court, Suffolk County, dated February 26, 2015. Separate application by the plaintiff pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a respondent's brief on the appeal.

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ORDERED that the application to withdraw the cross appeal is granted and the cross appeal is marked withdrawn; and it is further,

ORDERED that the application to enlarge time to serve and file a respondent's brief is denied as academic as the plaintiff timely filed its brief.

ENTER:

Aprilanne Agostino

Clerk of the Court