Eagle v Shore Haven Apartment Del, LLC
Motion No: 2017-01800
Slip Opinion No: 2019 NY Slip Op 77597(U)
Decided on August 19, 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

M265330

E/sl

ALAN D. SCHEINKMAN, P.J.

HECTOR D. LASALLE

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2017-01800, 2017-06255

David Eagle, respondent, v Shore Haven

Apartment Del, LLC, et al., appellants.

(Index No. 9122/14)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, dated January 5, 2017, and May 18, 2017, respectively. By order to show cause dated June 25, 2019, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled matter on the ground that the appeals had been rendered academic. Application to withdraw the appeals.

Now, upon the order to show cause and the papers filed in response thereto, and upon the stipulation of the parties dated June 21, 2019, it is

ORDERED that the appeals are deemed withdrawn, without costs or disbursements; and it is further,

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

SCHEINKMAN, P.J., LASALLE, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court