Opinion
Motion Nos. 2023-01381 2023-02039 Index No. 150122/19 Case No. 2023-01281
06-01-2023
Denise R. Smith, Plaintiff-Appellant, V.J. Longhi Associates and Morris Handler, Defendants-Respondents.
Unpublished Opinion
MOTION DECISION
Present - Hon. Jeffrey K. Oing, David Friedman Peter H. Moulton Martin Shulman John R. Higgitt, Justice Presiding, Justices.
An appeal having been taken to this Court from a judgment of the Supreme Court, New York County, entered on or about August 30, 2022,
And defendants-respondents having moved to dismiss the appeal with prejudice (Motion No. 2023-01381), And plaintiff-appellant having cross-moved for an order directing that the notice of appeal, dated October 24, 2019, from an order, same Court, entered on or about September 26, 2019, be deemed withdrawn as of April 23, 2020 (Motion No. 2023-02039), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that defendants-respondents' motion to dismiss the appeal is denied as unnecessary (see, 22 NYCRR 1250.10[a]); plaintiff-appellant's cross motion is denied.