Appellate Division: Second Judicial Department

M307591

AFA/

VALERIE BRATHWAITE NELSON, J.P.

DONNA-MARIE E. GOLIA

PHILLIP HOM

SUSAN QUIRK, JJ.

2021-03546 Yoel Goldman, appellant, v Rose Castle Redevelopment II, LLC, et al., defendants, Flushing & Little Nassau, LLC, respondent. (Index No. 510224/2021)

DECISION & ORDER ON MOTION

2021-07924

Yoel Goldman, appellant-respondent,

v Rose Castle Redevelopment II, LLC,

et al., respondents-appellants, Fedor

Itskovitch, et al., respondents.

(Index No. 510224/2021)

Appeal from an order of the Supreme Court, Kings County, dated May 18, 2021, and appeal and cross-appeal from an order of the same court dated September 30, 2021. By decision and order on motion of this Court dated April 18, 2022, the motion by Flushing & Little Nassau, LLC to dismiss the appeal from the order dated May 18, 2021, on the ground that it has been rendered academic was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof. Motion by Castle Redevelopment II LLC, Lotus Residences LLC and Franklin Realty Owners LLC, inter alia, to vacate a stay which was granted by decision and order on motion of this Court dated December 17, 2021. Application by the appellant and cross-appellants to withdraw the appeals and cross-appeal.

Upon the papers filed in support of the motions 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that the application to withdraw the appeals and cross-appeal is granted, and the appeals and cross-appeal are deemed withdrawn; and it is further,

ORDERED that the motions are denied as academic.

BRATHWAITE NELSON, J.P., GOLIA, HOM and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court