| Jimenez v City of New York |
| Motion No: 2024-10548 |
| Slip Opinion No: 2025 NY Slip Op 79832(U) |
| Decided on November 3, 2025 |
| 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
M309038
AFA/
ANGELA G. IANNACCI, J.P.
LARA J. GENOVESI
CARL J. LANDICINO
LAURENCE L. LOVE, JJ.
|
2024-10548 Lucinez Jimenez, plaintiff-respondent, v City of New York, et al., defendants- respondents, Santa Maria Pharmacy, appellant.
(Index No. 519392/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated July 13, 2023. By order to show cause dated September 24, 2025, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that no appeal lies from an order issued ex parte, or that no appeal lies as of right from an order that is not the result of a motion made on notice. Application by the appellant to withdraw the appeal.
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ORDERED that the application to withdraw the appeal is granted and the appeal is deemed withdrawn; and it is further,
ORDERED that the motion to dismiss the appeal is denied as academic.
IANNACCI, J.P., GENOVESI, LANDICINO and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court