| Eighteen Props., LLC v Kimberly Mongello |
| Motion No: 2018-00576 KC |
| Slip Opinion No: 2018 NY Slip Op 72066(U) |
| Decided on April 30, 2018 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Eighteen Properties, LLC, Respondent, v Kimberly Mongello, Appellant, and Richard Eyster, Tenant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered August 3, 2017. By order to show cause dated March 30, 2018, the parties were directed to show cause before this court why the appeal should or should not be dismissed on the ground that the appeal had been rendered academic by a subsequent order of the Civil Court dated March 2, 2018. The parties have submitted a stipulation in which they have agreed to the withdrawal of the appeal.
Upon the order to show cause, and upon the stipulation of withdrawal, it is
ORDERED that the appeal is marked withdrawn; and it is further,
ORDERED that the motion to dismiss the appeal is denied as academic.
ENTER:
Paul Kenny
Chief Clerk