WILLIAM PERRY, ap, v. INCORPORATED VILLAGE OF PATCHOGUE res
WILLIAM PERRY, ap, v. INCORPORATED VILLAGE OF PATCHOGUE res — Motion by the respondent County of Suffolk to dismiss an appeal from an order of the Supreme Court, Westchester County, dated October 11, 2011, for failure to timely perfect. Application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
ENG, P.J., ANGIOLILLO, SGROI and HINDS-RADIX, JJ., concur.