| Ortiz v Capolino |
| Motion No: 2016-10503 |
| Slip Opinion No: 2017 NY Slip Op 89231(U) |
| Decided on October 16, 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
M237046
E/afa
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, JJ.
|
2016-10503 Pedro Ortiz, appellant-respondent, v Kenneth Capolino, et al., respondents, Glenwood Poh, LLC, respondent-appellant, et al., defendants. (Index No. 54269/13)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant on an appeal and a cross appeal from an order of the Supreme Court, Westchester County, dated September 20, 2016, to dismiss the appeal for failure to timely perfect and, upon the dismissal of the appeal, to withdraw the cross appeal. Application by the respondent-appellant to withdraw the cross 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 motion and the application are granted, the appeal is dismissed (see 22 NYCRR 670.8[e]), and the cross appeal is deemed withdrawn, without costs or disbursements.
ENG, P.J., MASTRO, DUFFY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court