| Azizi v Village of Croton-on-Hudson |
| Motion No: 2009-06634 |
| Slip Opinion No: 2010 NY Slip Op 67002(U) |
| Decided on March 30, 2010 |
| 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
M100299
E/sl
JOSEPH COVELLO, J.P.
ANITA R. FLORIO
HOWARD MILLER
RANDALL T. ENG, JJ.
|
2009-06634
Karim Azizi, et al., plaintiffs-respondents, v Village of Croton-on-Hudson, defendant third-party plaintiff-appellant; Duke's Root Control, Inc., third-party defendant-respondent. (Index No. 07-10923)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs-respondents to vacate an order on application of this court dated January 5, 2010, which enlarged the appellant's time to perfect an appeal from an order of the Supreme Court, Westchester County, dated June 23, 2009. Application by the defendant third-party plaintiff-appellant to withdraw the appeal with respect to so much of the order dated June 23, 2009, as granted the third-party defendant-respondent's motion.
Upon the papers filed in support of the motion and the papers filed in opposition thereto and upon the application, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted, and the appeal from so much of the order dated June 23, 2009, as granted the third-party defendant-respondent's motion is deemed withdrawn.
COVELLO, J.P., FLORIO, MILLER and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court