Giordano v H. Osterhoudt Excavating, Inc.
Motion No: 2010-08397
Slip Opinion No: 2011 NY Slip Op 89338(U)
Decided on November 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M128602

L/

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

ANITA R. FLORIO

THOMAS A. DICKERSON, JJ.

2010-08397

Joseph P. Giordano, etc., respondent,

v H. Osterhoudt Excavating, Inc., appellant.

(Index No. 10184/09)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated July 21, 2010.

Upon the stipulation of the attorneys for the respective parties, dated October 11, 2011, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

DILLON, J.P., ANGIOLILLO, FLORIO and DICKERSON, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court