Bay Street Landing Home Owners Association, Inc. v PDR
Motion No: 2007-04958
Slip Opinion No: 2008 NYSlipOp 66599(U)
Decided on March 17, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M67760

L/

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2007-04958, 2007-05829, 2007-07591

Bay Street Landing Home Owners Association,

Inc., appellant-respondent, v PDR Bay Street/St.

George, LLC, et al., respondents, Estates at Bay

Street Landing, LLC, respondent-appellant.

(and a third-party action).

(Appeal No. 1)

Bay Street Landing Home Owners Association,

Inc., appellant, v PDR Bay Street/St.George, LLC,

et al., respondents, et al., defendant.

(and a third-party action).

(Appeal No. 2)

(Index No. 102089/05)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw appeals and a cross appeal from two orders of the Supreme Court, Richmond County, dated April 24, 2007, and August 9, 2007, respectively, and a judgment of the same court dated May 29, 2007.

Upon the stipulation of the attorneys for the respective parties, dated February 8, 2008,

ORDERED that the application is granted and the appeals and cross appeal are deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the stay granted by decision and order on motion dated September 5, 2007, is vacated forthwith.

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court