| Estate of Evans by Evans, administrator v Artec Construction |
| Motion No: 2016-10008 |
| Slip Opinion No: 2017 NY Slip Op 88388(U) |
| Decided on October 10, 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
M239155
E/ct
RUTH C. BALKIN, J.P.
JOSEPH J. MALTESE
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2016-10008 Estate of Bennie Beble Evans, by Rosa Chiffon Evans, administrator, appellant, v Artec Construction and Development Corp., defendant third-party/second third-party plaintiff-respondent, Mother Gaston Housing Development Fund Company, Inc., defendant second third-party plaintiff-respondent; C.J.L. Construction Company, third-party defendant/third third-party plaintiff-respondent; Certified Testing Laboratories, Inc., second third-party defendant-respondent; Falco Construction, Corp., third third-party defendant-respondent. (Index No. 24577/08)
| DECISION & ORDER ON MOTION |
Motion by Artec Construction and Development Corp. and Mother Gaston Housing Development Fund Company, Inc., to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 22, 2016, insofar as taken against them, 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ORDERED that the application is granted and the appeal is deemed withdrawn; and it is further,
ORDERED that the motion is denied as academic.
BALKIN, J.P., MALTESE, BARROS and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court