Community Preservation Corporation v Metroplex on Atlantic, LLC
Motion No: 2013-03858
Slip Opinion No: 2019 NY Slip Op 76185(U)
Decided on July 26, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M264781

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

JOHN M. LEVENTHAL

COLLEEN D. DUFFY, JJ.

2013-03858

Community Preservation Corporation, plaintiff-

respondent, v Metroplex on Atlantic, LLC,

et al., appellants, Bruce Supply Corp., defendant-

respondent, et al., defendants (and a third-party actio

(Index No. 23079/10)

DECISION & ORDER ON MOTION




n).

Appeal from an order of the Supreme Court, Queens County, entered February 5, 2013. By order to show cause dated June 10, 2019, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the appeal had been abandoned.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements.

DILLON, J.P., AUSTIN, LEVENTHAL and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court