Spota v White
Motion No: 2014-05099
Slip Opinion No: 2017 NY Slip Op 63374(U)
Decided on February 6, 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

M225749

E/afa

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2014-05099

Thomas J. Spota, etc., appellant,

v Paul White, et al., respondents,

et al., defendants.

(Index No. 29681/12)

DECISION & ORDER ON MOTION

Motion by the respondent Paul White, inter alia, to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated May 1, 2014. Motion by the appellant to withdraw the appeal.

Upon the papers filed in support of the respondent Paul White's motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the appellant's motion is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the respondent Paul White's motion is denied as academic.

DILLON, J.P., CHAMBERS, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court