Appellate Division: Second Judicial Department

M132082

T/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2010-09500 Galasso, Langione & Botter, LLP, etc., respondent, v Anthony P. Galasso, et al., defendants; Thomas F. Liotti, nonparty- appellant. (Action No. 1) Signature Bank, plaintiff, v Galasso, Langione & Botter, et al., defendants. (Action No. 2) Galasso, Langione & Botter, LLP, respondent, et al., plaintiffs, v Signature Bank, et al., defendants; Thomas F. Liotti, nonparty-appellant. (Action No. 3) Wendy Baron, et al., plaintiffs, v Anthony Galasso, et al., defendants, Galasso, Langione & Botter, LLP, respondent; Thomas F. Liotti, nonparty-appellant. (Action No. 4) (Index Nos. 10038/07, 14211/07, 19198/07, 1510/09)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion dated January 12, 2012, in the above-entitled actions is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by Thomas F. Liotti, inter alia, for leave to renew and reargue an appeal from an order of the Supreme Court, Nassau County, dated January 20, 2010, which was determined by decision and order of this Court dated November 15, 2011, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. Application by Thomas F. Liotti for leave to withdraw the motion.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and 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ORDERED that the application is granted and the motion is deemed withdrawn, without costs or disbursements.

RIVERA, J.P., FLORIO, DICKERSON and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court