In re KPN Mgmt Corp.

Full title: In the Matter of KPN Management Corp., Appellant, v. Vanguard Graphics…

Court: Supreme Court of New York, Appellate Division, Third Department

Date published: Jul 15, 2021

No. 2021-04400 (N.Y. App. Div. Jul. 15, 2021)

Opinion

2021-04400

07-15-2021

In the Matter of KPN Management Corp., Appellant, v. Vanguard Graphics, LLC, Doing Business as Vanguard Printing, et al., Respondents, et al., Respondents.

The Crossmore Law Office, Ithaca (Edward Y. Crossmore of counsel), for appellant. Faegre Drinker Biddle & Reath, New York City (Clay J. Pierce of counsel) and Bond, Schoeneck & King, PLLC, Syracuse (Brendan M. Sheehan of counsel), for Vanguard Graphics, LLC and others, respondents.

Egan Jr., J.

Calendar Date:May 25, 2021

The Crossmore Law Office, Ithaca (Edward Y. Crossmore of counsel), for appellant.

Faegre Drinker Biddle & Reath, New York City (Clay J. Pierce of counsel) and Bond, Schoeneck & King, PLLC, Syracuse (Brendan M. Sheehan of counsel), for Vanguard Graphics, LLC and others, respondents.

Before: Garry, P.J., Egan Jr., Clark, Pritzker and Reynolds Fitzgerald, JJ.

Egan Jr., J.

Appeal from an order of the Supreme Court (McBride, J.), entered February 19, 2020 in Tompkins County, which, among other things, dismissed petitioner's application, in a proceeding pursuant to CPLR article 52, to direct certain respondents to turn over to petitioner money owed by respondent Vanguard Graphics, LLC, and to appoint petitioner's counsel as receiver.

At oral argument, petitioner requested that the subject appeal be withdrawn, and respondents did not oppose this request. Accordingly, we will treat petitioner's request as an application to withdraw and discontinue the appeal (see 22 NYCRR 1250.2 [b] [2]) and grant said application.

Garry, P.J., Clark, Pritzker and Reynolds Fitzgerald, JJ., concur.

ORDERED that the application to withdraw the appeal is granted, without costs.