Appellate Division: Second Judicial Department

M209711

E/sl

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2015-09163 Karen Bench, appellant, v George Bench, respondent. (Index No. 201615/14)

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 a judgment of the Supreme Court, Nassau County, dated June 22, 2015. By order to show cause dated February 29, 2016, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies from a judgment entered upon the stipulation of the appealing party 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 motion to dismiss the appeal is denied; and it is further,

ORDERED that the application to withdraw the appeal is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the application to enlarge the time to perfect the appeal is denied as academic.

AUSTIN, J.P., COHEN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court