| Simone v Liebherr Cranes, Inc. |
| Motion No: 2010-11102 |
| Slip Opinion No: 2011 NY Slip Op 79150(U) |
| Decided on July 25, 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. |
Appellate Division: Second Judicial Department
M123537
E/sl
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
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2010-11102, 2011-03013 Daniel Simone, Jr., et al., plaintiffs, v Liebherr Cranes, Inc., et al., defendants Beys Contracting, Inc., defendant second third-party plaintiff-respondent; Resun Leasing, Inc., second third-party defendant-appellant (and other titles). (Index No. 33855/05)
| DECISION & ORDER ON MOTION |
Motion by Resun Leasing, Inc., inter alia, in effect, to withdraw its appeal from an order of the Supreme Court, Kings County, dated January 5, 2011, for leave to serve and file a replacement appendix and brief in connection with an appeal from an order of the same court dated October 1, 2010, to amend the caption to reflect the proper parties on the appeal from the order dated October 1, 2010, and for leave to serve the replacement appendix and brief, and any other papers, on the appeal from the order dated October 1, 2010, only upon the parties to that appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is, in effect, to withdraw the appeal by Resun Leasing, Inc., from the order dated January 5, 2011 (Appellate Division Docket No. 2011-03013), is granted and that appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the branch of the motion which is for leave to serve and file a replacement appendix and brief in connection with the appeal from the order dated October 1, 2010, is granted, and on or before August 25, 2011, Resun Leasing, Inc., shall serve and file the replacement appendix and brief; and it is further,
ORDERED that the branches of the motion which are to amend the caption to reflect the proper parties on the appeal from the order dated October 1, 2010, and for leave to serve the replacement appendix and brief, and any other papers, on that appeal only upon the parties to the appeal, are denied as unnecessary; and it is further,
ORDERED that the motion is otherwise denied.
BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court