Deutsche Bank National Trust Company v Upright
Motion No: 2016-09499
Slip Opinion No: 2019 NY Slip Op 77790(U)
Decided on August 22, 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

M263728

E/sl

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2016-09499

Deutsche Bank National Trust Company, etc.,

respondent, v Gerald Martyn Upright, Jr.,

appellant, et al., defendant.

(Index No. 5551/10)

DECISION & ORDER ON MOTION

Motion by the appellant to extend the time to serve and file a supplemental record on an appeal from a judgment of the Supreme Court, Westchester County, dated August 1, 2018. Stipulation by the parties to withdraw the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the stipulation of the parties dated July 26, 2019, it is

ORDERED that the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion is denied as academic.

LEVENTHAL, J.P., HINDS-RADIX, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court