Appellate Division: Second Judicial Department

M293539

AFA/

ANGELA G. IANNACCI, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

BARRY E. WARHIT, JJ.

2020-05162 Metropolitan Life Insurance Company, plaintiff, v Gui Qin Chen, respondent-appellant, Sau Wan Cheung, appellant-respondent. (Index No. 701722/2018)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from an order of the Supreme Court, Queens County, dated June 11, 2020. Motion by the appellant-respondent, in effect, to withdraw the appeal and to dismiss the cross-appeal on the ground that the appeal and cross-appeal have been rendered academic. By order to show cause dated October 27, 2023, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal and cross-appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Queens County, entered March 14, 2023, and the appellant-respondent's motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeal and cross-appeal are dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion by the appellant-respondent is denied as academic.

IANNACCI, J.P., CHRISTOPHER, GENOVESI and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court