Matter of Riverhead PGC, LLC v Town of Riverhead

Matter of Riverhead PGC, LLC v Town of Riverhead

Motion No: 2008-11000

Slip Opinion No: 2009 NY Slip Op 81392(U)

Decided on August 26, 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

M91320

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2008-11000
In the Matter of Riverhead PGC, LLC,
respondent-appellant, v Town of Riverhead,
et al., appellants-respondents, Phil
Cardinale, et al., respondents.
(Index No. 20504-07)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw a cross appeal from an order of the Supreme Court, Suffolk County, dated October 6, 2008.

Upon the stipulation of the attorneys for the respective parties, dated August 21, 2009, it is

ORDERED that the application is granted and the cross appeal is deemed withdrawn, without costs or disbursements.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