Djoganopoulos v Polkes
Motion No: 2011-05658
Slip Opinion No: 2012 NY Slip Op 64163(U)
Decided on February 14, 2012
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

M133306

S/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2011-05658

Nevin Djoganopoulos, et al., respondents,

v Jonathan D. Polkes, et al., appellants.

(Index No. 44406-08)

DECISION & ORDER ON MOTION
Withdraw Appeal on Stipulation

On the Court's own motion, it is

ORDERED that the decision and order on application of this Court dated February 10, 2012, in the above entitled appeal is recalled and vacated and the following decision and order on application is substituted therefor:

Application by Village of Westhampton Dunes to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 11, 2011.

Upon the stipulation of the attorneys for the respective parties, it is

ORDERED that the application is granted and the appeal by Village of Westhampton Dunes is deemed withdrawn, without costs or disbursements.

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court