TR-One, Inc. v Lazz Development Company, LLC
Motion No: 2009-07857
Slip Opinion No: 2010 NY Slip Op 69667(U)
Decided on April 27, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M101938

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-07857

TR-One, Inc., respondent,

v Lazz Development Company, LLC,

et al., appellants.

(Index No. 07-22588)

DECISION & ORDER ON MOTION

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 13, 2009.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that on the court's own motion so much of the decision and order on motion of this court dated April 19, 2010, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - April 2010 Calendar", as dismissed the above entitled appeal is recalled and vacated; and it is further,

ORDERED that the appeal is deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court