Appellate Division: Second Judicial Department

M255601

E/sl

JOHN M. LEVENTHAL, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

BETSY BARROS, JJ.

2015-05878, 2015-06439 Wells Fargo Bank, N.A., respondent, v Joseph Gross, et al., appellants, et al., defendants. (Index No. 31067/14)

DECISION & ORDER ON MOTION

2017-09470

Wells Fargo Bank, N.A., respondent,

v Joseph Gross, et al., appellants,

et al., defendant.

(Index No. 31067/14)

Appeals from two orders of the Supreme Court, Rockland County, both dated May 28, 2015, and a judgment of the same court dated July 3, 2017. By order to show cause dated August 8, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals on the ground that the right of direct appeal from the orders terminated upon entry of the judgment and the appellant failed to timely perfect the appeal from the judgment. Motion by the respondent to dismiss the appeal from the judgment for failure to timely perfect. Application by the appellant to withdraw the appeals.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the respondent's 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ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion to dismiss the appeals and the respondent's motion to dismiss the appeal from the judgment are denied as academic.

LEVENTHAL, J.P., AUSTIN, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court