Eastwood v Buono
Motion No: 2014-01399
Slip Opinion No: 2014 NY Slip Op 76773(U)
Decided on July 2, 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

M176808

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-01399

Lisa Eastwood, respondent,

v Luigi Buono, et al., defendants,

North Fork Radiology, et al., appellants.

(Index No. 28840/08)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on application of this Court dated June 27, 2014, in the above-entitled case is recalled and vacated, and the following decision and order on application is substituted therefor:

Application by the appellant North Fork Radiology for leave to withdraw its appeal from an order of the Supreme Court, Suffolk County, dated November 8, 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ORDERED that the application is granted and the appeal taken by North Fork Radiology is deemed withdrawn, without costs or disbursements.

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

ENTER:

Aprilanne Agostino

Clerk of the Court