Vithayathil v W.C. Clarkstown Corp.

Vithayathil v W.C. Clarkstown Corp.

Motion No: 2012-05788

Slip Opinion No: 2013 NY Slip Op 71748(U)

Decided on April 25, 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

M155327

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

SYLVIA HINDS-RADIX, JJ.

2012-05788
Saju A. Vithayathil, et al., plaintiffs-respondents,
v W.C. Clarkstown Corp., appellant, Joy
Builder, Inc., defendant-respondent.
(Index No. 12-31877)

DECISION & ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Rockland County, dated June 4, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the stay granted by decision and order on motion of this Court dated June 29, 2012, is vacated forthwith.

DILLON, J.P., ANGIOLILLO, CHAMBERS and HIDNS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court