| Freemont Investment & Loan v Garcia |
| Motion No: 2023-07989 |
| Slip Opinion No: 2024 NY Slip Op 72566(U) |
| Decided on August 14, 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
M298530
AFA/
CHERYL E. CHAMBERS, J.P.
LINDA CHRISTOPHER
JANICE A. TAYLOR
CARL J. LANDICINO, JJ.
|
2023-07989 Freemont Investment & Loan, etc., respondent, v Maria C. Garcia, et al., appellants, et al., defendants. (Index No. 700233/2022)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated May 30, 2023. Motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party or, in the alternative, to extend the time to serve and file a respondent's brief. Application by the appellants to withdraw the appeal.
Upon the papers filed in support of the motion and the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application to withdraw the appeal is granted, and the appeal is deemed withdrawn; and it is further,
ORDERED that the motion is denied as academic.
CHAMBERS, J.P., CHRISTOPHER, TAYLOR and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court