Appellate Division: Second Judicial Department

M268629

kbp/

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2017-10010 Kathleen Duberry, respondent, v CNM Analytics, Inc., et al., appellants, et al., defendants. (Index No. 5735/15)

DECISION & ORDER ON MOTION

Application by Robert Mudd on appeals from an order of the Supreme Court, Queens County, dated August 10, 2017, pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect his appeal. By order to show cause dated October 22, 2019, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal by the appellant Robert Mudd on the ground that no appeal lies as of right from so much of the order as sua sponte vacated the dismissal of the action against him and leave to appeal has not been granted from that portion of the order, and he was not aggrieved by the remainder of the order, and his application was held in abeyance in the interim. Separate application by Robert Mudd to withdraw his 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 to extend the time to perfect the appeal of Robert Mudd and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the application to withdraw the appeal of Robert Mudd and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application by Robert Mudd to withdraw his appeal is granted, and his appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion to dismiss the appeal of Robert Mudd is denied as academic; and it is further,

ORDERED that the application to extend the time to perfect the appeal of Robert Mudd is denied as academic.

RIVERA, J.P., HINDS-RADIX, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court