Opinion
June 14, 1983
Motion to dismiss appeal for failure to prosecute within 30 days and because the appeal is without merit granted, with $20 costs.
Concur — Carro, Silverman, Fein and Kassal, JJ.
Inasmuch as only some 60 days have passed since the notice of appeal was filed, which is well within the nine months' rule (Rules of App. Div., 1st Dept, § 600.11 [a] [3], 22 N.Y.CRR), and the appellant requests leave to withdraw the appeal, such leave should be granted. Therefore, the motion by the petitioner-respondent to dismiss the appeal for failure to prosecute should be denied as moot.