Appellate Division: Second Judicial Department

M233189

E/sl

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2016-11006 Ceasar Romero, et al., appellants, v Duwan Brathwaite, et al., respondents, et al., defendants. (Index No. 9309/01)

DECISION & ORDER ON MOTION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated September 28, 2016. By order to show cause dated April 26, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the order dated September 28, 2016, was not appealable as of right as it was not the result of a motion made on notice, and the application was held in abeyance in the interim. Application by the appellant to withdraw the appeal.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the application to withdraw the appeal is granted and the appeal is deemed withdrawn; and it is further,

ORDERED that the application to enlarge the time to perfect the appeal is denied as academic.

CHAMBERS, J.P., MILLER, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court