Appellate Division: Second Judicial Department

M244119

E/sl

CHERYL E. CHAMBERS, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2017-11310 Karen Flynn, etc., appellant, v Hometown Taxi, Inc., defendant, Public Administrator of the County of Suffolk, etc., respondent. (Index No. 27161/06)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated July 27, 2017. By order to show cause dated November 16, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the grounds that, inter alia, the parties identified as the appellants in the notice of appeal are not aggrieved by the order dated July 27, 2017. Application to withdraw the appeal.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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 motion to dismiss the appeal is denied as academic.

CHAMBERS, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court