Appellate Division: Second Judicial Department

M277012

MB/

CHERYL E. CHAMBERS, J.P.

COLLEEN D. DUFFY

ROBERT J. MILLER

PAUL WOOTEN, JJ.

2018-09469 Pedro Morocho, appellant, v Doran Construction Corporation, defendant third-party plaintiff-responde et al., defendant; Bipex Construction, third-party defendant-respondent. (Index No. 53567/2015)

DECISION & ORDER ON MOTION nt,

Appeal from an order of the Supreme Court, Westchester County, dated June 29, 2018. By order to show cause dated March 24, 2021, the parties 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 dated June 29, 2018, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Westchester County, dated October 19, 2018 (see Matter of Aho, 39 NY2d 241). Motion by the appellant to withdraw the appeal.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to withdraw the appeal is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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.

CHAMBERS, J.P., DUFFY, IANNACCI and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court