Bank of New York Mellon v Lindsay
Motion No: 2018-03072
Slip Opinion No: 2019 NY Slip Op 83481(U)
Decided on November 6, 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

M267221

kbp/

SHERI S. ROMAN, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2018-03072

Bank of New York Mellon, etc., respondent,

v Voidrey Lindsay, etc., appellant.

(Index No. 4747/10)

DECISION & ORDER ON MOTION

Appeal by Voidrey Lindsay from a decision of the Supreme Court, Queens County, dated November 17, 2017. By order to show cause dated September 16, 2019, the appellant was directed to show cause before this Court why the appeal should not be dismissed on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509). Joint application to withdraw the appeal.

Now, upon the order to show cause and the papers filed in response thereto, and 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ORDERED that application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion is denied as academic.

ROMAN, J.P., COHEN, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court