| Levin v Sandcastles Condominium |
| Motion No: 2016-12551 |
| Slip Opinion No: 2017 NY Slip Op 86449(U) |
| Decided on September 20, 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
M237965
E/afa
RANDALL T. ENG, P.J.
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, JJ.
|
2016-12551 Lori Levin, respondent, v Sandcastles Condominium, appellant. (Index No. 607725/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered October 31, 2016, for failure to timely perfect. Cross motion by the appellant to withdraw the appeal. By decision and order on motion of this Court dated February 8, 2017, a motion by the respondent to dismiss the appeal on the ground no appeal lies from an order denying reargument was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
Upon the papers filed in support of the motions 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ORDERED that the cross motion is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion to dismiss the appeal for failure to timely perfect and the motion to dismiss the appeal on the ground no appeal lies from an order denying reargument are denied as academic.
ENG, P.J., HINDS-RADIX, DUFFY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court