| Matter of Infinity Indemnity Insurance Company v Leo |
| Motion No: 2018-05564 |
| Slip Opinion No: 2019 NY Slip Op 60930(U) |
| Decided on January 16, 2019 |
| 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
M259229
E/sl
JOHN M. LEVENTHAL, J.P.
SHERI S. ROMAN
JOSEPH J. MALTESE
ANGELA G. IANNACCI, JJ.
|
2018-05564 In the Matter of Infinity Indemnity Insurance Company, petitioner-respondent, v Jessica Leo, et al., appellants, Government Employees Insurance Company, et al., respondents-respondents. (Index No. 609505/16)
| DECISION & ORDER ON MOTION |
Motion by the petitioner-respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered January 3, 2018, as untimely taken or to extend the time to serve and file a brief. 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
LEVENTHAL, J.P., ROMAN, MALTESE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court