| Nannini & Callahan Excavation, Inc. v Bill Westervelt |
| Motion No: 2008-10892 |
| Slip Opinion No: 2009 NY Slip Op 70588(U) |
| Decided on April 24, 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. |
Appellate Division: Second Judicial Department
M85770
L/
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2008-10892 Nannini & Callahan Excavating, Inc., plaintiff-respondent, v Bill Westervelt Asphalt Paving, Inc., defendant third- party plaintiff-appellant; A.J. Morino, Inc., et al., third-party defendants-respondents. (Index No. 06-09055)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Orange County, dated October 2, 2008.
Upon the stipulation of the attorneys for the respective parties, dated March 27, 2009, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court