| Hyun-Jung Kim v Sang H. Jho |
| Motion No: 2018-14273 |
| Slip Opinion No: 2019 NY Slip Op 65864(U) |
| Decided on March 21, 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
M261272
E/mm
CHERYL E. CHAMBERS, J.P.
ROBERT J. MILLER
HECTOR D. LASALLE
LINDA CHRISTOPHER, JJ.
|
2018-14273 Hyun-Jung Kim, appellant-respondent, v Sang H. Jho, respondent-appellant. (Index No. 11821/14)
| DECISION & ORDER ON MOTION |
Appeal by Hyun-Jung Kim, and cross appeal by Sang H. Jho, from a judgment of the Supreme Court, Suffolk County, dated August 10, 2018. By order to show cause dated February 14, 2019, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the cross appeal in the above-entitled action for failure to comply with a scheduling order dated December 26, 2018, issued pursuant to § 670.3(b)(4) of the rules of this Court (22 NYCRR 670.3[b][4]). Joint application by the parties dated March 14, 2019, to withdraw the appeal and cross appeal.
Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of 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ORDERED that the application is granted and the appeal and cross appeal are deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
CHAMBERS, J.P., MILLER, LASALLE and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court