| Milkowski v Broadway 98 Condominium |
| Motion No: 2017-06465 |
| Slip Opinion No: 2017 NY Slip Op 91032(U) |
| Decided on October 31, 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
M240495
HTR/
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2017-06465 D Lukasz Milkowski, respondent, v Broadway 98 Condominium, defendant, 240 West 98th Street Associates, now known as 240 West 98th St. Co., LLC, et al., appellants. (Index No. 9629/12)
| ECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 4, 2017. Separate application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a respondent's brief.
Upon the stipulation of the attorneys for the respective parties to the appeal dated October 24, 2017, and upon the papers filed in support of the application to enlarge the time to serve and file a respondent's brief and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application to withdraw the appeal is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the application to enlarge the time to serve and file a respondent's brief is denied as academic.
ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court