| Palmieri v Ludwig |
| Motion No: 2009-04830 |
| Slip Opinion No: 2010 NY Slip Op 80222(U) |
| Decided on August 20, 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
M107389
E/sl
MARK C. DILLON, J.P.
HOWARD MILLER
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2009-04830 Paul Palmieri, appellant, v Lisa Ludwig, et al., respondents. (Index No. 10831-04)
| DECISION & ORDER ON MOTION |
Motion by the respondents Lisa Ludwig, Joseph Ludwig, and Joe Ludwig Plumbing & Heating to vacate a decision and order on motion dated June 10, 2010, which granted the appellant's unopposed motion to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated April 8, 2009, to dismiss the appeal, and to impose a sanction upon the appellant, and for an award of costs and an attorney's fee. Separate motion by the respondent Anthony Tracca for the same relief. Application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto and upon the application, it is
ORDERED that the motions are denied; and it is further,
ORDERED that the application is granted and the appeal is deemed withdrawn.
DILLON, J.P., MILLER, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court