| Rosenthal v Mammon |
| Motion No: 2017-05641 |
| Slip Opinion No: 2017 NY Slip Op 95098(U) |
| Decided on December 11, 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
M242843
HTR/
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2017-05641
Avi Rosenthal, respondent, v Efraim M. Mammon, et al., appellants. (Index No. 2923/15)
| DECISION & ORDER ON MOTION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 22, 2017. By decision and order on motion of this Court dated November 20, 2017, that branch of the respondent's motion which was to strike the appellant's reply brief was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
Upon the stipulation of the attorneys for the respective parties to the appeal dated December 4, 2017, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the branch of the respondent's motion which was to strike the appellant's reply brief is denied as academic.
ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court