Rupnarain v Khan
Motion No: 2017-07374
Slip Opinion No: 2018 NY Slip Op 69837(U)
Decided on April 16, 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

M248808

E/afa

RUTH C. BALKIN, J.P.

BETSY BARROS

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2017-07374

Parmanan Rupnarain, appellant,

v Atim Khan, Jr., et al., respondents.

(Index No. 4339/15)

DECISION & ORDER ON MOTION

Motion by the respondent Atim Khan, Jr., to dismiss an appeal from an order of the Supreme Court, Queens County, dated May 11, 2017, for failure to timely perfect. 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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.

BALKIN, J.P., BARROS, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court