Appellate Division: Second Judicial Department

M261351

E/mm

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2010-04886 Saliym Muhammad, respondent, v Danny Siony, et al., defendants, Saxon Mortgage Services, Inc., appellant. (Index No. 27125/08)

DECISION & ORDER ON MOTION

Appeal by Saxon Mortgage Services, Inc., from an order of the Supreme Court, Kings County, April 7, 2010. By order to show cause dated February 11, 2019, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding pursuant to CPLR 1021 for failure to substitute a personal representative for the deceased respondent, Saliym Muhammad, and/or on the ground that the appellant has abandoned the appeal. Application by the appellant to withdraw the appeal.

Now, 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 is deemed dismissed, without costs or disbursements; and it is further,

ORDERED that the motion to dismiss the appeal is denied as academic.

BALKIN, J.P., LEVENTHAL, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court