| Rogers v Security Auto Sales, Inc. |
| Motion No: 2020-05018 |
| Slip Opinion No: 2024 NY Slip Op 60866(U) |
| Decided on January 19, 2024 |
| 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
M293648
AFA/
FRANCESCA E. CONNOLLY, J.P.
CHERYL E. CHAMBERS
DEBORAH A. DOWLING
BARRY E. WARHIT, JJ.
|
2020-05018 Garth Rogers, respondent, v Security Auto Sales, Inc., et al., appellants. (Index No. 605307/2015)
| DECISION & ORDER ON MOTION |
2021-08575
Garth Rogers, respondent, v Security
Auto Sales, Inc., et al., appellants.
(Index No. 605307/2015)
Appeals from two orders of the Supreme Court, Suffolk County, dated May 28, 2020, and September 27, 2021, respectively. The appeal from the order dated September 27, 2021, was deemed dismissed pursuant to 22 NYCRR 1250.10(a). By order to show cause dated August 3, 2022, the parties were directed to show cause before this Court why the appeal from the order dated May 28, 2020, should or should not be dismissed on the ground that the order dated May 28, 2020, was superseded by the order dated September 27, 2021. Application by the appellants to withdraw the appeal from the order dated May 28, 2020.
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 to withdraw the appeal from the order dated May 28, 2020, is granted and the appeal from the order dated May 28, 2020, is deemed withdrawn; and it is further,
ORDERED that the motion to dismiss the appeal from the order dated May 28, 2020, is denied as academic.
CONNOLLY, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court