Ferrandino & Son, Inc. v Wheaton Builders, Inc., LLC
Motion No: 2009-08843
Slip Opinion No: 2011 NY Slip Op 65119(U)
Decided on February 24, 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

M116058

L/

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

PLUMMER E. LOTT, JJ.

2009-08843

Ferrandino & Son, Inc., appellant,

v Wheaton Builders, Inc., LLC, et al.,

respondents

(and a third-party action).

(Action No. 1)

Ferrandino & Son, Inc., appellant,

v Utica Mutual Insurance Company, et al.,

respondents

(and a related action).

(Action No. 2)

(Index Nos. 014338/08, 014887/08)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated July 31, 2009, insofar as asserted against Wheaton Builders, Inc., LLC.

Upon the stipulation of the attorneys for the respective parties, dated on or about November 2010, it is

ORDERED that the application is granted and the appeal insofar as asserted against Wheaton Builders, Inc., LLC, is deemed withdrawn, without costs or disbursements.

RIVERA, J.P., DICKERSON, ENG and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court