U.S. Bank National Association v Shemesh
Motion No: 2018-08280
Slip Opinion No: 2020 NY Slip Op 71931(U)
Decided on September 18, 2020
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

M273050

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2018-08280

U.S. Bank National Association, etc., respondent,

v Erez Shemesh, et al., appellants, et al.,

defendant.

(Index No. 7339/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated March 20, 2018. By order to show cause dated July 28, 2020, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of an order and judgment (one paper) of the Supreme Court, Nassau County, entered April 11, 2019. Application by the appellants 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion to dismiss the appeal is denied as academic.

RIVERA, J.P., DILLON, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court