U.S. Bank National Association v Young
Motion No: 2018-03114
Slip Opinion No: 2018 NY Slip Op 74134(U)
Decided on June 4, 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

M250883

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH J. MALTESE

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2018-03114

U.S. Bank National Association, respondent,

v Althea Young, et al., appellants,

et al., defendants.

(Index No. 509399/15)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 19, 2018, on the ground that no appeal lies from an order entered upon the default of the appealing party. 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ORDERED that the application to withdraw the appeal is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion is denied as academic.

RIVERA, J.P., MALTESE, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court