Matter of Schlemme v Planning Board of City of Poughkeepsi

Matter of Schlemme v Planning Board of City of Poughkeepsi

Motion No: 2012-04451

Slip Opinion No: 2013 NY Slip Op 70009(U)

Decided on April 10, 2013

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

M154379

S/ct

2012-04451
In the Matter of Gary Schlemme, respondent,
v Planning Board of City of Poughkeepsie,
et al., appellants.
(Index No. 3501/11)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order on application of this Court dated March 26, 2013, in the above-entitled appeal is recalled and vacated and the following order on application is substituted therefor:

Application by the appellants Steven Reifler and Tom LaPerch to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated March 5, 2012.

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ORDERED that the application is granted and the appeal by the appellants Steven Reifler and Tom LaPerch is marked withdrawn.

ENTER:

Aprilanne Agostino

Clerk of the Court