Bianchetto v Schumacher Equipment, Inc.
Motion No: 2013-03518
Slip Opinion No: 2015 NY Slip Op 68617(U)
Decided on March 31, 2015
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

M189944

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-03518, 2013-07254

William Bianchetto, et al., plaintiffs-respondents,

v Schumacher Equipment, Inc., defendant third-

party plaintiff-appellant; Risdon International,

Inc., third-party defendant-respondent.

(Index No. 8489/09)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on application of this Court dated March 26, 2015, is recalled and vacated and the following decision and order on application is substituted therefor:

Application to withdraw appeals from two orders of the Supreme Court, Orange County, dated January 29, 2013, and May 23, 2013, respectively.

Upon the stipulation of the attorneys for the respective parties dated March 10, 2015, it is

ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.

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

ENTER:

Aprilanne Agostino

Clerk of the Court