| Jumbo v Beechwood Plainview Old Bethpage, II, LLC |
| Motion No: 2021-00815 |
| Slip Opinion No: 2022 NY Slip Op 66707(U) |
| Decided on June 1, 2022 |
| 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. |
Appellate Division: Second Judicial Department
M283246
MB/
MARK C. DILLON, J.P.
JOSEPH J. MALTESE
PAUL WOOTEN
LARA J. GENOVESI, JJ.
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2021-00815, 2021-03521 Marcelo Jumbo, respondent-appellant, v Beechwood Plainview Old Bethpage, II, LLC, et al., appellants-respondents (and third-party actions). (Index No. 614747/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, dated January 6, 2021. Appeal and cross appeal from an order of the same court dated April 23, 2021. Motion by Marcelo Jumbo, in effect, for leave to withdraw his cross appeal and to extend the time to serve and file a respondent's brief.
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ORDERED that the motion is granted, the cross appeal is deemed withdrawn, without costs or disbursements, and on or before July 1, 2022, Marcelo Jumbo shall serve and file a respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
DILLON, J.P., MALTESE, WOOTEN and GENOVESI, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court