Appellate Division: Second Judicial Department

M158802

E/sl

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2011-06918, 2011-07750 Stonhard, etc., appellant, v Blue Ridge Farms, LLC, et al., respondents. (Appeal No. 1) Stonhard, etc., respondent, v Blue Ridge Farms, LLC, et al., appellants. (Appeal No. 2) (Index No. 14699/10)

DECISION & ORDER ON MOTION

Motion by the plaintiff Stonhard, on appeals from an order of the Supreme Court, Kings County, dated May 13, 2011, and a judgment of the same court entered June 21, 2011, to recall and vacate an order on application of this Court dated February 10, 2012, which granted an application by Blue Ridge Farms, LLC, and Marvin Sussman to withdraw their cross appeal from the order, and issue a new order to reflect that the appeal by Blue Ridge Farms, LLC, and Marvin Sussman from the judgment is also marked withdrawn, and, in effect, for a preference in the calendaring of its appeal from the order.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is, in effect, for a preference in the calendaring of the appeal from the order is denied; and it is further,

ORDERED that the branch of the motion which is to recall and vacate the order on application of this Court dated February 10, 2012, is granted, and the following order on application is substituted therefor:

Application by Blue Ridge Farms, LLC, and Marvin Sussman on an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated May 13, 2011 (Appellate Division Docket No. 2011-06918), and an appeal from a judgment of the same court entered June 21, 2011 (Appellate Division Docket No. 2011-07750), to withdraw their cross appeal from the order dated May 13, 2011, and their appeal from the judgment entered June 21, 2011.

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 cross appeal by Blue Ridge Farms, LLC, and Marvin Sussman from the order dated May 13, 2011, and their appeal from the judgment entered June 21, 2011, are marked withdrawn; and it is further,

ORDERED that on or before July 17, 2013, Stonhard shall remove page 7 from the copies of the record on appeal filed with the Clerk of the Court.

MASTRO, J.P., AUSTIN, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court