Opinion
Motion No. 2024-06711 Index No. 60786/2022
11-20-2024
JA Funding, Inc., respondent, v. Henry Solly, et al., defendants, PD MTVernon Investors, LLC, appellant.
Unpublished Opinion
MOTION DECISION
M300827
COLLEEN D. DUFFY, J.P., ROBERT J. MILLER, DEBORAH A. DOWLING, PHILLIP HOM, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Westchester County, dated May 24, 2024. Motion by Law Office of Colleen Kerwick to relieve Wiss & Partners, LLP as counsel for the appellant, to be substituted as counsel for the appellant, and for an award of costs. Application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition 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 branches of the motion which are to relieve Wiss & Partners, LLP as counsel for the appellant and to be substituted as counsel for the appellant are denied as academic as a consent to change attorney has been filed (see 22 NYCRR 670.1[c][4][A]); and it is further, ORDERED that the branch of the motion which is for an award of costs is denied; and it is further, ORDERED that the application is granted and the appeal is deemed withdrawn.
DUFFY, J.P., MILLER, DOWLING and HOM, JJ., concur.