Westchase Residential Assets, LLC v Lazzinnaro
Motion No: 2016-13259
Slip Opinion No: 2017 NY Slip Op 95335(U)
Decided on December 12, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M242491

E/ct

RANDALL T. ENG, P.J.

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2016-13259, 2017-11253

Westchase Residential Assets, LLC, respondent,

v June Lazzinnaro, appellant.

(Index No. 3210/15)

DECISION & ORDER ON MOTION

Motion by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 5, 2016, and for an award of costs. Cross motion by the respondent to hold in abeyance appeals from the order dated October 5, 2016, as well as from an order of the same court dated September 15, 2017, pending determination of a motion pending in the Supreme Court, Nassau County, and/or to consolidate the appeals.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to withdraw the appeal from the order dated October 5, 2016, is granted and that appeal is marked withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the branch of the cross motion which is to consolidate the appeals is denied as academic; and it is further,

ORDERED that the cross motion is otherwise denied.

ENG, P.J., DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court