Kehoe v. Incorporated Village of Valley Stream (35 N.Y.2d 849, 1974)

Cross motion to dismiss the appeal will he granted and the áppeal dismissed unless within 20 days appellant, if it he so advised, serves on respondents and files in this court a notice that it has abandoned its appeal to the Appellate Division, and stipulates for the withdrawal of that appeal, without costs (Parker v. Rogerson, 35 N Y 2d 751).