Panetta v Stop and Shop Supermarket Co., LLC
Motion No: 2018-01732
Slip Opinion No: 2018 NY Slip Op 68158(U)
Decided on March 28, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M248029

E/afa

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2018-01732

Kimberly Panetta, apellant, v Stop and

Shop Supermarket Co., LLC, et al., respondents,

et al., defendant.

(Index No. 602564/15)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, dated November 18, 2017, as untimely taken. 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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.

DILLON, J.P., CHAMBERS, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court