Joseph Johnson v Westin New York at Times Square et al.

Motion No: M-5756

Slip Opinion No: 2017 NYSlipOp 96765(U)

Decided on December 28, 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.

December 28, 2017

Joseph Johnson,

Petitioner-Appellant,

v

Westin New York at Times Square,

et al.,

Respondents-Respondents.

An appeal having been taken to this Court from the judgment of the Supreme Court, New York County, entered on or about September 28, 2015, and said appeal having been perfected, And petitioner-appellant having moved for leave to dismiss his appeal, without prejudice and for leave to prosecute said appeal as a poor person,Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of deeming petitioner's appeal from the aforesaid judgment entered on September 28, 2015 withdrawn, and otherwise denied. ENTERED: December 28, 2017

_____________________ CLERK

PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Angela M. Mazzarelli Barbara R. Kapnick Troy K. Webber,Justices

M-5756

Index No. 100342/15