| National City Mortgage v Holtzer |
| Motion No: 2016-08132 |
| Slip Opinion No: 2017 NY Slip Op 60915(U) |
| Decided on January 12, 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. |
Appellate Division: Second Judicial Department
M224173
E/sl
RUTH C. BALKIN, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
|
2016-08132 National City Mortgage, appellant, v Samuel Holtzer, et al., respondents. (Index No. 3459/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent Esther Kahanto to dismiss an appeal from an order of the Supreme Court, Rockland County, dated October 26, 2015, as untimely taken. 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is denied.
BALKIN, J.P., MILLER, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court