| JA Funding, Inc. v Solly |
| Motion No: 2024-06711 |
| Slip Opinion No: 2024 NY Slip Op 78595(U) |
| Decided on November 20, 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
M300827
KS/
COLLEEN D. DUFFY, J.P.
ROBERT J. MILLER
DEBORAH A. DOWLING
PHILLIP HOM, JJ.
|
2024-06711 JA Funding, Inc., respondent, v Henry Solly, et al., defendants, PD MTVernon Investors, LLC, appellant. (Index No. 60786/2022)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated May 24, 2024. Motion by Law Office of Colleen Kerwick to relieve Wiss & Partners, LLP as counsel for the appellant, to be substituted as counsel for the appellant, and for an award of costs. Application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition 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 branches of the motion which are to relieve Wiss & Partners, LLP as counsel for the appellant and to be substituted as counsel for the appellant are denied as academic as a consent to change attorney has been filed (see 22 NYCRR 670.1[c][4][A]); and it is further,
ORDERED that the branch of the motion which is for an award of costs is denied; and it is further,
ORDERED that the application is granted and the appeal is deemed withdrawn.
DUFFY, J.P., MILLER, DOWLING and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court