| Board of Managers of Condominium II v Gilroy Constructi |
| Motion No: 2011-06131 |
| Slip Opinion No: 2011 NY Slip Op 84816(U) |
| Decided on September 26, 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
M126280
E/ct
WILLIAM F. MASTRO, J.P.
ANITA R. FLORIO
RANDALL T. ENG
SANDRA L. SGROI, JJ.
|
2011-06131 Board of Managers of Condominium II, Heritage Hills of Westchester, plaintiff, v Gilroy Construction Co., et al., appellants, Versico Incorporated, respondent, et al., defendant. (Index No. 22788/06)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated June 3, 2009. Application by the appellants to withdraw the appeal.
Upon the papers filed in support of the motion and 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
MASTRO, J.P., FLORIO, ENG and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court