| Berman v Schwartz |
| Motion No: 2022-07215 |
| Slip Opinion No: 2023 NY Slip Op 73202(U) |
| Decided on September 13, 2023 |
| 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
M291038
AFA/
ANGELA G. IANNACCI, J.P.
CHERYL E. CHAMBERS
HELEN VOUTSINAS
LOURDES M. VENTURA, JJ.
|
2022-07215 Avram Berman, etc., appellant, v Allison Sara Berman Schwartz, etc., respondent. (Index No. 616079/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, dated August 15, 2022. Motion by the appellant pursuant to CPLR 5518 to enjoin the respondent from selling certain real property, pending hearing and determination of the appeal. Separate motion by the appellant to withdraw the appeal.
Upon the papers filed in support of the motion pursuant to CPLR 5518 and the papers filed in opposition thereto, and upon the papers filed in support of the motion to withdraw the appeal 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ORDERED that the motion to withdraw the appeal is granted, and the appeal is deemed withdrawn; and it is further,
ORDERED that the motion pursuant to CPLR 5518 to enjoin the respondent from selling certain real property, pending hearing and determination of the appeal, is denied as academic.
IANNACCI, J.P., CHAMBERS, VOUTSINAS and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court