| Donaldson v Abulencia |
| Motion No: 2012-04938 |
| Slip Opinion No: 2013 NY Slip Op 72825(U) |
| Decided on May 6, 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. |
Appellate Division: Second Judicial Department
M155895
E/ct
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
|
2012-04938, 2012-06743 Charles Donaldson, appellant, v Armand E. Abulencia, etc., et al., defendants, Island Orthopaedics & Sports Medicine, P.C., et al., respondents. (Index No. 16850/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated February 15, 2012, and to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - February 2013 Calendar," dated February 19, 2013, as dismissed an appeal from a judgment of the same court entered May 9, 2012, and to withdraw that appeal.
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 motion is granted; and it is further,
ORDERED that so much of the decision and order on motion of this Court dated February 19, 2013, as dismissed the appeal from the judgment entered May 9, 2012, is recalled and vacated; and it is further,
ORDERED that the appeals are deemed withdrawn, without costs or disbursements.
RIVERA, J.P., LEVENTHAL, LOTT and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court