| McIvor v AKW Holdings, LLC |
| Motion No: 2010-01502 |
| Slip Opinion No: 2011 NY Slip Op 83111(U) |
| Decided on September 9, 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
M125518
S/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
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2010-01502, 2010-10261 DECISION & ORDER ON MOTION Laurie McIvor, plaintiff-respondent, v AKW Holdings, LLC, defendant-respondent, Curti's Landscaping, Inc., appellant (and other titles). (Appeal Nos. 1 & 3) 2010-02348 Laurie McIvor, plaintiff, v AKW Holdings, LLC, defendant fourth-party plaintiff-respondent, et al., defendant; Hudson Valley Radiology Associates, PLLC, also known as Mid Rockland Imaging, fourth-party defendant-appellant (and other titles). (Appeal No. 2) (Index No. 04-7935)
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On the Court's own motion, it is
ORDERED that the decision and order on application in the above-entitled appeals dated September 2, 2011, is recalled and vacated and the following decision and order on application is substituted therefor:
Application by Curti's Landscaping, Inc., on appeals from two orders of the Supreme Court, Rockland County, dated December 22, 2009, and an order of the same court dated September 22, 2010, respectively, to withdraw its appeals from the order dated December 22, 2009, docketed under Appellate Division Docket No. 2010-1502, and the order dated September 22, 2010.
Upon the stipulation of the attorneys for the respective parties, dated August 12, 2011, it is
ORDERED that the application is granted and the appeals by Curti's Landscaping, Inc., are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court