Ferrandino & Son, Inc. v Wheaton Builders, Inc., LLC

Ferrandino & Son, Inc. v Wheaton Builders, Inc., LLC

Motion No: 2010-05804

Slip Opinion No: 2011 NY Slip Op 65120(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

M116056

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

PLUMMER E. LOTT, JJ.

2010-05804
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.
(Action No. 2)
Utica Mutual Insurance Company, respondent,
v Ferrandino & Son, Inc., et al., appellants.
(Action No. 3)
(Index Nos. 014338/08, 014887/08,
CA 2008-002912)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Nassau County, entered May 20, 2010.

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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court