| NATIONAL FUEL GAS DISTRIBUTION CORPORATION V PUSH BUFFALO (PEOPLE UNITED FOR SUSTAINABLE HOUSING) AND WHITNEY YAX |
| Motion No: CA 11-01608 |
| Slip Opinion No: 2011 NY Slip Op 91904(U) |
| Decided on December 7, 2011 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 11-01608
| NATIONAL FUEL GAS DISTRIBUTION CORPORATION,
PLAINTIFF-APPELLANT, V PUSH BUFFALO (PEOPLE UNITED FOR SUSTAINABLE HOUSING) AND WHITNEY YAX,
DEFENDANTS-RESPONDENTS. |
Appellant having moved to withdraw the appeal without prejudice taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 11, 2011,
Now, upon reading and filing the affidavit of Alisa A. Lukasiewicz, Esq., sworn to October 12, 2011, the notice of motion with proof of service thereof, and the affidavit of James J. Duggan, Esq., sworn to October 20, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without prejudice.
Entered: December 7, 2011
Patricia L. Morgan, Clerk