Bayport Funding LLC v 349351 Central LLC
Motion No: 2016-09345
Slip Opinion No: 2018 NY Slip Op 86179(U)
Decided on October 15, 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

M256382

E/mmALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-09345, 2016-12044

Bayport Funding LLC, appellant,

v 349351 Central LLC, respondent,

et al., defendant.

(Index No. 4509/13)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Nassau County, entered August 16, 2016, and September 1, 2016, respectively. By decision and order on motion of this Court dated November 16, 2017, the branch of the respondent's motion which was to dismiss the appeal from the order entered August 16, 2016, as superseded by the order entered September 1, 2016, was held in abeyance and referred to the panel of Justices hearing the appeals. Stipulation by the parties dated September 13, 2018, to withdraw the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the stipulation dated September 13, 2018, it is

ORDERED that the appeals are deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which was to dismiss the appeal from the order entered August 16, 2016, is denied as academic.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court