Opinion
2011-2923 RI C
01-20-2012
Stefano Barbera, Respondent, v. 40 Broad Delaware, Inc. et al., Defendants, and Schindler Elevator Corporation, Appellant.
, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Richmond County, entered December 9, 2010, for failure to prosecute. Separate motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Richmond County, entered June 21, 2011, for failure to prosecute. Cross motion by appellant, in essence, to withdraw the appeals without prejudice.
Upon the papers filed in support of the motions and cross motion, it is
ORDERED, on the court's own motion, that the motions by respondent and the cross motion by appellant are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's cross motion is granted and the appeals are withdrawn without prejudice; and it is further,
ORDERED that respondent's motions are denied as moot.
ENTER:
Paul Kenny
Chief Clerk