| Adler v Bayer |
| Motion No: 2009-09791 |
| Slip Opinion No: 2012 NY Slip Op 71639(U) |
| Decided on April 30, 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. |
Appellate Division: Second Judicial Department
M136934
S/nl
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
CHERYL E. CHAMBERS
SHERI S. ROMAN, JJ.
|
2009-09791 David Adler, et al., respondents, v Pincus Bayer, et al., appellants. (Index No. 9246/07)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, entered October 1, 2009. By decision and order dated October 12, 2010, this Court reversed the order entered October 1, 2009 (see Adler v Bayer, 77 AD3d 692). By opinion and order dated November 22, 2011, the Court of Appeals reversed the decision and order of this Court and remitted the matter to this Court for consideration of issues raised but not determined on the appeal to this Court (see Adler v Bayer, 18 NY3d 208).
Upon the stipulation of the parties dated April 17, 2012, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
RIVERA, J.P., SKELOS, CHAMBERS and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court