Matter of Progressive Mountain Insurance Company v Arevalo
Motion No: 2018-13207
Slip Opinion No: 2019 NY Slip Op 84682(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

M267655

E/mb

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-13207

In the Matter of Progressive Mountain

Insurance Company, appellant,

v Eliseo Arevalo, et al., respondents,

(Index No. 604591/18)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated October 15, 2018. By decision and order on motion of this Court dated May 24, 2019, the respondent GEICO General Insurance Company's motion 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 motion and the papers filed in opposition thereto, and upon the stipulation of the parties dated September 9, 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ORDERED that the appeal is deemed withdrawn, without costs or disbursements; and it is further,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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court