Daeizadeh v Solemanzadeh
Motion No: 2019-04265
Slip Opinion No: 2019 NY Slip Op 79265(U)
Decided on September 12, 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

M265792

E/mb

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-04265

Dalya Daeizadeh, respondent-appellant,

v David Solemanzadeh, appellant-respondent.

(Index No. 202064/16)

DECISION & ORDER ON MOTION

Application by the appellant-respondent on an appeal and a cross appeal from a decision of the Supreme Court, Nassau County, dated February 25, 2019, to withdraw the appeal.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that on the Court's own motion, the cross appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509)

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court