Rojas v Paine
Motion No: 2009-08371
Slip Opinion No: 2011 NY Slip Op 86947(U)
Decided on October 18, 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

M127405

J/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2009-08371, 2009-08375, 2010-08138

Luis X. Rojas, et al., appellants,

v Andrew Paine, et al., respondents,

et al., defendants.

(Index No. 08-27830)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order on application of this Court dated September 17, 2010, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:

Application by the appellants on appeals from two orders of the Supreme Court, Westchester County, both dated July 20, 2009, and an order of the same court dated June 28, 2010, respectively, to withdraw the appeal under Appellate Division Docket No. 2009-08371.

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ORDERED that the application is granted and the appeal under Appellate Division Docket No. 2009-08371, is marked withdrawn.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court