| Russell v D'Silva |
| Motion No: 2016-06767 |
| Slip Opinion No: 2018 NY Slip Op 82268(U) |
| Decided on August 31, 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
M254718
E/sl
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
ANGELA G. IANNACCI, JJ.
|
2016-06767 Stephen Anthony Russell, etc., et al., appellants, v Noel Angelo Francis D'Silva, etc., et al., respondents, et al., defendants. (Index No. 25305/04)
| DECISION & ORDER ON MOTION |
Motion by the the respondents Noel Angelo Francis D'Silva and Island Gastroenterology Consultants, P.C., to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated May 24, 2016, for failure to timely perfect. Application by the appellants 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 is granted and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
MASTRO, J.P., LEVENTHAL, MILLER, HINDS-RADIX and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court