Opinion
Motion No. 2022-08674 Index No. 504550/2018
02-15-2023
Unpublished Opinion
MOTION DECISION
M287368
FRANCESCA E. CONNOLLY, J.P., CHERYL E. CHAMBERS, PAUL WOOTEN, BARRY E. WARHIT, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, entered September 2, 2022. Motion by the respondent Adam's European Contracting, Inc., to dismiss the appeal as untimely taken. Application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motion and the papers filed in relation 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ORDERED that the application by the appellant is granted and the appeal is deemed withdrawn; and it is further, ORDERED that the motion is denied as academic.
CONNOLLY, J.P., CHAMBERS, WOOTEN and WARHIT, JJ., concur.