Appellate Division: Second Judicial Department

M297598

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

WILLIAM G. FORD

LAURENCE L. LOVE, JJ.

2023-03577 Shaul Amzalag, appellant-respondent, v ZBT Holdings Inc., et al., respondents- appellants, et al., defendants. (Index No. 509474/2020)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from an order of the Supreme Court, Kings County, dated February 28, 2023. The appeal from the order was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant-respondent, in effect, to vacate a decision and order on motion of this Court dated March 15, 2024, or, in the alternative, to vacate the dismissal of the appeal and to extend the time to perfect the appeal. Cross-motion by the respondents-appellants, in effect, to extend the time to serve and file an answering brief. Application by the appellant-respondent, in effect, to withdraw the appeal. Application by the respondents-appellants, in effect, to withdraw the cross-appeal.

Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is, in effect, to vacate a decision and order on motion of this Court dated March 15, 2024, is denied; and it is further,

ORDERED that the branch of the motion which is to vacate the dismissal of the appeal is granted, and the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated; and it is further,

ORDERED that the applications are granted, and the appeal and cross-appeal are deemed withdrawn; and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that the cross-motion is denied as academic.

CONNOLLY, J.P., MALTESE, FORD and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court