| Fiduciary Insurance Company of America v Islam |
| Motion No: 2016-13285 |
| Slip Opinion No: 2019 NY Slip Op 64438(U) |
| Decided on March 1, 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
M260565
E/sl
WILLIAM F. MASTRO, J.P.
CHERYL E. CHAMBERS
ROBERT J. MILLER
LINDA CHRISTOPHER, JJ.
|
2016-13285 Fiduciary Insurance Company of America, plaintiff- respondent, v Mohammed S. Islam, appellant, Amanda Marcano, et al., defendants-respondents. (Index No. 510694/16)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff-respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 5, 2016, for failure to timely perfect, and to impose a sanction upon the appellant. Application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted and the appeal is deemed dismissed.
MASTRO, J.P., CHAMBERS, MILLER and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court