Eaton Vance Management et al. v Wilmington Savings Fund Society FSB etc. et al.

Motion No: M-3756

Slip Opinion No: 2017 NYSlipOp 88666(U)

Decided on October 12, 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.

October 12, 2017

Eaton Vance Management, et al.,

Plaintiffs-Appellants,

v

Wilmington Savings Fund Society, FSB,

etc., et al.,

Defendants-Respondents.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about June 28, 2017, And plaintiffs-appellants having moved, pursuant to CPLR 5518 and 5519, for a stay of a certain transaction arising out of the aforesaid order and other injunctive relief, pending hearing and determination of the appeal taken therefrom, Now, upon reading and filing the papers with respect to the motion, and the correspondence from plaintiffs-appellants counsel dated July 20, 2017, and due deliberation having been had thereon, It is ordered that the motion is deemed withdrawn in accordance with the aforesaid correspondence. ENTERED: October 12, 2017

_____________________ CLERK

Present - Hon. Marcy L. Kahn,Justice Presiding, Ellen Gesmer Cynthia S. Kern Peter H. Moulton,Justices

M-3756

Index No. 654397/17