Michel Kadosh individually and as a v David Kadosh

Motion No: M-2904

Slip Opinion No: 2019 NYSlipOp 77677(U)

Decided on August 20, 2019

Appellate Division, First 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.

August 20, 2019

Michel Kadosh, individually and as a

Managing Member of 213 W. 85th St., LLC,

Plaintiffs-Respondents,

v

David Kadosh,

Defendant-Appellant,

114 West 71st Street, LLC, 30 Lexington

Avenue, LLC, and 3D Imaging Center Corp,

Defendants.

An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about August 14, 2018, And orders of this Court having been entered on October 16, 2018 (M-4279), granting defendant-appellant a stay of the aforesaid Supreme Court order on condition, inter alia, that the appeal be perfected for the January 2019 Term of this Court; and on February 14, 2019 (M-5897) reinstating the appeal and continuing the stay on the original terms and conditions, and on the further condition that the appeal be perfected by this Court's June 2019 Term, And defendant-appellant, David Kadosh, having moved to vacate any such order of dismissal that may be entered upon the his failure to perfect as directed by this Court's February 14, 2019 order, (M-5897), and for a further enlargement of time to perfect to the September 2019 Term of this Court, Now, upon reading and filing the papers with respect to the motion, and the correspondence from defendant-appellant dated July 25, 2019, and due deliberation having been had thereon, It is ordered that the motion and appeal are deemed withdrawn in accordance with the aforesaid correspondence.ENTERED: August 20, 2019

_____________________ DEPUTY CLERK

Present - Hon. Judith J. Gische, Justice Presiding,Marcy L. Kahn Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justices

M-2904

Index No. 651834/10