East Clarke Place Associates II, LLC v Rental & Managem
Motion No: 2011-00093
Slip Opinion No: 2011 NY Slip Op 76063(U)
Decided on June 20, 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

M121893

/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-00093

East Clarke Place Associates II, LLC,

respondent-appellant, v Rental & Management

Associates Corp., defendant third-party plaintiff-

appellant-respondent; Paramount Insurance

Company, third-party defendant-respondent.

(Index No. 07-23032)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that its order on application dated June 8, 2011, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 25, 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ORDERED that the application is granted and the appeal is marked withdrawn.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court