| Zeidan Realty Corp. v Armonk Snack Mart, Inc. |
| Motion No: 2017-01489 WC |
| Slip Opinion No: 2019 NY Slip Op 71385(U) |
| Decided on May 21, 2019 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th Judicial Districts
TERRY JANE RUDERMAN, J.P.
BRUCE E. TOLBERT
ELIZABETH H. EMERSON, JJ.
DECISION & ORDER ON MOTION
| Zeidan Realty Corp., Respondent, v Armonk Snack Mart, Inc., Appellant. |
Appeals from (1) a final judgment of the Justice Court of the Town of North Castle, Westchester County, entered May 9, 2017, as amended August 1, 2017, and (2) an order of that court dated July 28, 2017 (collectively, appeal No. 2017-1489 W C). Separate appeal from an order of that court dated May 8, 2018 (appeal No. 2019-825 W C). Motion by respondent to dismiss as moot the appeal from the final judgment as amended and the order dated May 8, 2018. The parties have submitted a stipulation dated May 15, 2019 in which they have agreed to the withdrawal of the appeals from the final judgment as amended and the order dated May 8, 2018.
Upon the papers filed in support of the motion and upon the parties' stipulation dated May 15, 2019, it is
ORDERED, on the court's own motion, that appeal No. 2017-1489 W C and appeal No. 2019-825 W C are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion is granted to the extent that the appeals from the final judgment as amended and the order dated May 8, 2018 are marked withdrawn; and it is further,
ORDERED, on the court's own motion, that the appeal from the order dated July 28, 2017, which fixed the terms of an undertaking pending the appeal from the final judgment as amended, is dismissed as moot, as the latter appeal has been withdrawn (Rural Community Coalition, Inc. v Village of Bloomingburg, 118 AD3d 1092 [2014]; State of New York v General Elec. Co., 103 AD2d 985 [1984]; 502 Ave. P Corp. v AM & R Auto Repair Shop, 50 Misc 3d 129[A], 2015 NY Slip Op 51889[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]).
ENTER:
Paul Kenny
Chief Clerk