Marilyn Powell as Administrator of the v John Kim M.D. et al. .

Motion No: M-6617

Slip Opinion No: 2017 NYSlipOp 64995(U)

Decided on February 23, 2017

Appellate Division, First 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.

February 23, 2017

Marilyn Powell, as Administrator of the

Estate of Akiah Powell,

Plaintiff-Appellant,

v

John Kim, M.D., et al.,

Defendants-Respondents.

Defendants-respondents having moved for dismissal of the notice of appeal filed concerning the order of the Supreme Court, Bronx County, entered on or about November 3, 2016, Now, upon reading and filing the papers with respect to the motion, including the stipulation of the parties dated

January 12, 2017, and due deliberation having been had thereon, It is ordered that the motion is deemed withdrawn. Entered: February 23, 2017

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr.,Justice Presiding, Rolando T. Acosta Angela M. Mazzarelli Sallie Manzanet-Daniels Troy K. Webber,Justices

M-6617

Index No. 307030/10