Dier v Suffolk County Water Authority
Motion No: 2010-08495
Slip Opinion No: 2011 NY Slip Op 63175(U)
Decided on February 3, 2011
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

M114907

B/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

JOSEPH COVELLO, JJ.

2010-08495

Robert Dier, plaintiff-respondent,

v Suffolk County Water Authority,

et al., appellants, McCarthy Management,

Inc., et al., defendants-respondents.

(Index No. 2201-10)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order on application dated January 25, 2011, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:

Application by the appellant S & S Water Connection, Inc., to withdraw its appeal from an order of the Supreme Court, Suffolk County, dated July 29, 2010.

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

ORDERED that the application is granted and the appeal by S & S Water Connection, Inc., is marked withdrawn.

MASTRO, J.P., RIVERA, SKELOS, DILLON and COVELLO, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court