| David v Byron |
| Motion No: 2017-00306 |
| Slip Opinion No: 2018 NY Slip Op 74018(U) |
| Decided on June 1, 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. |
Appellate Division: Second Judicial Department
M250848
E/sl
WILLIAM F. MASTRO, J.P.
SANDRA L. SGROI
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON, JJ.
|
2017-00306 Benoj David, appellant, v Jorge Byron, et al., defendants; Flomenhaft Law Firm, PLLC, nonparty; Finkelstein & Partners, LLP, nonparty-respondent. (Index No. 3850/05)
| DECISION & ORDER ON MOTION |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated December 12, 2016.
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ORDERED that the application is granted and the appeal is deemed withdrawn; and it is further,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 so much of a decision and order on motion of this Court dated March 14, 2018, as held in abeyance a cross motion by the nonparty-respondent to dismiss the appeal is recalled and vacated and the cross motion is denied as academic.
MASTRO, J.P., SGROI, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court