| Citimortgage, Inc. v Biton |
| Motion No: 2018-09799 |
| Slip Opinion No: 2019 NY Slip Op 63162(U) |
| Decided on February 14, 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
M260124
E/afa
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
|
2018-09799 Citimortgage, Inc., respondent, v Daoud Biton, appellant, et al., defendants. (Index No. 21837/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, entered May 18, 2018, on the ground that the order has been superseded by an order of the same court dated October 17, 2018. Application by the appellant 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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.
DILLON, J.P., LEVENTHAL, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court