| First Choice Plumbing Corp. v Miller Law Offices, PLLC |
| Motion No: 2015-11336 |
| Slip Opinion No: 2016 NY Slip Op 78799(U) |
| Decided on July 6, 2016 |
| 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
M214489
E/ct
CHERYL E. CHAMBERS, J.P.
L. PRISCILLA HALL
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE, JJ.
|
2015-11336 First Choice Plumbing Corp., et al., appellants- respondents, v Miller Law Offices, PLLC, respondent-appellant. (Index No. 602921/15)
| DECISION & ORDER ON MOTION |
Appeal by First Choice Plumbing Corp. and Malacy Plumbing Supply, Inc., and cross appeal by Miller Law Offices, PLLC, from an order of the Supreme Court, Nassau County, entered October 16, 2015. By order to show cause dated May 19, 2016, Miller Law Offices, PLLC, was directed to show cause before this Court why the cross appeal should not be dismissed on the grounds that Miller Law Offices, PLLC, was not aggrieved by the order entered October 16, 2015 (see CPLR 5511), and that "all matters that were not decided" by the order entered October 16, 2015, remain pending and undecided. Application by Miller Law Offices, PLLC, to withdraw the cross appeal.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the cross appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion to dismiss the appeal is denied as academic.
CHAMBERS, J.P., HALL, HINDS-RADIX and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court