| Woodstone Builders, Inc. v Picudella |
| Motion No: 2017-03590 |
| Slip Opinion No: 2018 NY Slip Op 65785(U) |
| Decided on March 2, 2018 |
| 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
M246736
E/afa
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
ROBERT J. MILLER
JOSEPH J. MALTESE, JJ.
|
2017-03590 Woodstone Builders, Inc., appellant, v Francine Picudella, respondent. (Index No. 51484/16)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to strike stated portions of the record and the appellant's brief on an appeal from an order of the Supreme Court, Westchester County, dated March 17, 2017, on the ground that they contain or refer to matter dehors the record. Application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motion and 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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 is denied as academic.
DILLON, J.P., LEVENTHAL, MILLER and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court