Cruz v Pennsylvania Steel Company, Inc.
Motion No: 2016-04687
Slip Opinion No: 2017 NY Slip Op 60508(U)
Decided on January 9, 2017
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

M224067

E/ct

RANDALL T. ENG, P.J.

RUTH C. BALKIN

JOHN M. LEVENTHAL

HECTOR D. LASALLE, JJ.

2016-04687

Yris Cruz, appellant, v Pennsylvania Steel

Company, Inc., et al., respondents, et al.,

defendants (and another title).

(Index No. 12950/13)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Queens County, entered March 30, 2016, for failure to timely perfect. Cross motion by the appellant to withdraw the appeal.

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

ORDERED that the cross motion is granted and the appeal is deemed withdrawn, without costs for disbursements; and it is further,

ORDERED that the motion is denied.

ENG, P.J., BALKIN, LEVENTHAL and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court