Radiosurgery New York, LLC v Cabrini Medical Center
Motion No: 2008-02927
Slip Opinion No: 2009 NYSlipOp 68957(U)
Decided on April 7, 2009
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

M84869

S/cb

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2008-02927, 2008-09970

Radiosurgery New York, LLC, et al., appellants,

v Cabrini Medical Center, et al., respondents.

(Index No. 100393/08)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

ORDERED that the decision and order on application of this court dated April 2, 2009, in the above-entitled case is recalled and vacated, and the following decision and order on application is substituted therefor:

Application to withdraw appeals from two orders of the Supreme Court, Richmond County, dated March 13, 2008, and July 31, 2008, respectively, insofar as asserted against the respondents Ronald Gade, Alan Sickles, and Peter Buscemi.

Upon the stipulation of the attorneys for the respective parties, dated March 4, 2009, it is

ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements, insofar as asserted against the respondents Ronald Gade, Alan Sickles, and Peter Buscemi.

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

ENTER:

James Edward Pelzer

Clerk of the Court