| Lemza v Frankel |
| Motion No: 2015-00144 |
| Slip Opinion No: 2015 NY Slip Op 74631(U) |
| Decided on June 1, 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. |
Appellate Division: Second Judicial Department
M193154
S/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2015-00144 Peter A. Lemza, respondent, v Bruce W. Frankel, et al., appellants, et al., defendant. (Index No. 38658/11)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the order on application of this Court dated May 22, 2015, in the above-entitled appeal is recalled and vacated and the following order on application is substituted therefor:
Application by the appellant Barbara W. Wernicki to withdraw her appeal from an order of the Supreme Court, Suffolk County, dated November 13, 2014, from so much of the order as denied the branch of her motion which was for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury.
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 Barbara W. Wernicki from so much of the order as denied the branch of her which was motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury is marked withdrawn.
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court