Kytka v Dry Harbor Nursing Home & Rehabilitation Cente
Motion No: 2010-00852
Slip Opinion No: 2010 NY Slip Op 86126(U)
Decided on October 26, 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

M110173

L/

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2010-00852

Michael Kytka, etc., respondent, v Dry Harbor

Nursing Home & Rehabilitation Center, Inc.,

defendant, Vincent Rappa, etc., et al., appellants.

(Index No. 104177/07)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application by the appellant Donna Seminara to withdraw an appeal from an Supreme Court, Richmond County, dated January 7, 2010.

Upon the stipulation of the attorneys for the respective parties, dated September 23, 2010, it is

ORDERED that the application is granted and the appeal by the appellant Donna Seminara is deemed withdrawn, without costs or disbursements.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court