Federal National Mortgage Association v Kraus
Motion No: 2017-05523
Slip Opinion No: 2019 NY Slip Op 84665(U)
Decided on November 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

M267645

E/mb

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-05523

Federal National Mortgage Association,

respondent, v Robert Kraus, appellant,

et al., defendants.

(Index No. 32422/13)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Rockland County, dated April 5, 2017. By decision and order on motion of this Court dated March 6, 2018, the branch of the respondent's motion which was to dismiss the appeal was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof. Application to withdraw the appeal.

Upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, and upon the undated stipulation of the parties to the appeal received October 18, 2019, it is

ORDERED that the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the branch of the respondent's motion which is to dismiss the appeal is denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court