Seubert v Deluty
Motion No: 2014-00306
Slip Opinion No: 2014 NY Slip Op 74414(U)
Decided on June 9, 2014
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

M175429

J/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-00306

Kristine Seubert, respondent, v Warren

Deluty, etc., et al., appellants.

(Index No. 5859/10)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order on application of this Court dated June 3, 2014, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:

Application by the appellant Sheryl Deluty to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 7, 2013.

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ORDERED that the application is granted and the appeal by the appellant Sheryl Deluty is marked withdrawn.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court