| Suntrust Bank v Howard |
| Motion No: 2019-00492 |
| Slip Opinion No: 2019 NY Slip Op 84000(U) |
| Decided on November 13, 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. |
Appellate Division: Second Judicial Department
M267404
E/sl
ALAN D. SCHEINKMAN, P.J.
REINALDO E. RIVERA
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
|
2019-00492 Suntrust Bank, etc., respondent, v Charles W. Howard, appellant. (Index No. 700485/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated December 4, 2018, and to direct the Supreme Court, Queens County, to enter judgment in his favor. Application by the appellant pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition 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ORDERED that the branch of the motion which is to withdraw the appeal is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied without prejudice to seeking appropriate relief in the Supreme Court, Queens County; and it is further,
ORDERED that the application is denied as academic.
SCHEINKMAN, P.J., RIVERA, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court