| Carrillo v 457-467 Atlantic LLC |
| Motion No: 2018-05412 |
| Slip Opinion No: 2018 NY Slip Op 82904(U) |
| Decided on September 10, 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
M255036
E/mm
MARK C. DILLON, J.P.
COLLEEN D. DUFFY
HECTOR D. LASALLE
BETSY BARROS, JJ.
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2018-05412 Miguel Carrillo, plaintiff-appellant, v 457-467 Atlantic LLC, et al., defendants- respondents, Doshi Diagnostic Imaging Services, P. C., et al., , defendants third-party plaintiffs-respondents, et al., defendants; Universal Shielding Corp., third-party defendant-appellant. (Index No. 500402/11)
| DECISION & ORDER ON MOTION |
Motion by the defendants third-party plaintiffs-respondents on appeals from an order of the Supreme Court, Kings County, dated March 9, 2018, to dismiss the appeal by the plaintiff-appellant as untimely taken. Application by the plaintiff-appellant to withdraw his 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ORDERED that the application is granted and the appeal by the plaintiff-appellant is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
DILLON, J.P., DUFFY, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court