Moore v 3 Phase Equestrian Center, Inc.
Motion No: 2009-06870
Slip Opinion No: 2011 NY Slip Op 63911(U)
Decided on February 10, 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

M115417

E/sl

WILLIAM F. MASTRO, J.P.

DANIEL D. ANGIOLILLO

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2009-06870, 2010-07159, 2010-07160,

2010-07161

Donna Moore, appellant, v 3 Phase Equestrian

Center, Inc., et al., defendants, Pam Brassard,

also known as Pam Brassard Felton, respondent

(and a third-party action).

(Index No. 1557/05)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that its decision and order on application dated January 12, 2011, in the above-entitled case is recalled and vacated, and the following order is substituted therefor:

Application by the appellant on appeals from two orders of the Supreme Court, Putnam County, dated June 26, 2009, and June 29, 2009, respectively, and two judgments of the same court entered August 25, 2009, and September 25, 2009, respectively, to withdraw the appeals from the order dated June 26, 2009, and the judgment entered September 25, 2009.

Upon the stipulation of the attorneys for the respective parties, dated December 20, 2010, it is

ORDERED that the application is granted and the appeals from the order dated June 26, 2009 (Appellate Division Docket No. 2010-07160), and the judgment entered September 25, 2009 (Appellate Division Docket No. 2010-07159), are deemed withdrawn, without costs or disbursements.

MASTRO, J.P. ANGIOLILLO, ROMAN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court