York v Frank
Motion No: 2017-06754
Slip Opinion No: 2018 NY Slip Op 72527(U)
Decided on May 15, 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

M250071

E/sl

SANDRA L. SGROI, J.P.

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2017-06754

Esther York, respondent,

v Donald Frank, et al., appellants.

(Index No. 700938/17)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered June 6, 2017. Cross motion by the respondent to dismiss the appeal for failure to timely perfect. Application by the appellants to withdraw the appeal.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition 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ORDERED that the application is granted and the appeal is deemed withdrawn; and it is further,

ORDERED that the motion and the cross motion are denied as academic.

SGROI, J.P., MALTESE, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court