Appellate Division: Second Judicial Department

M249798

E/afa

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

BETSY BARROS, JJ.

2017-05392, 2017-10933 Wells Fargo Bank, N.A., etc., respondent, v Milton D. Galloway, appellant, et al., defendant. (Index No. 31787/13)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from two orders of the Supreme Court, Suffolk County, both dated April 17, 2017, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. By order to show cause dated March 28, 2018, the parties to the appeals were directed to show cause before this Court why the appeals should or should not be dismissed on the ground no appeals lie from orders entered upon the default of the appealing party (see CPLR 5511). Application by the appellant to withdraw the appeals.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation 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 motion to dismiss the appeals is denied; and it is further

ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the appellant's motion is denied as academic.

RIVERA, J.P., CHAMBERS, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court