Appellate Division: Second Judicial Department

M191152

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-04816 D Jeffrey Hatter, plaintiff-respondent, v Bob Myerson, defendant second third-party plaintiff-appellant-respondent, Fuscaldo Enterprises, Ltd., defendant third-party plaintiff-respondent-appellant, Hudson Valley Tru Contracting, Inc., defendant third third- party plaintiff-respondent-appellant, Rhinebeck Tennis Club, LLC, defendant-respondent, et al., defendants; Mid-Steel Construction Company, third-party/second third-party defendant-respondent; Steel Built Corporation, et al., third third-party defendants-respondents-appellants, et al., third third-party defendants. (Index No. 17045/10)

ECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by Steel Built Corporation and Straight Steel Sales Corp. for leave to withdraw their cross appeal from an order of the Supreme Court, Westchester County, dated March 31, 2014. Separate application by Fuscaldo Enterprises, Ltd., for leave to withdraw its cross appeal from the same order. Separate application by Bob Myerson for leave to withdraw his appeal from the same order. Separate application by Hudson Valley Tru Contracting, Inc., for leave to withdraw its appeal from the same order.

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

ORDERED that the applications are granted and the appeals by Bob Myerson and Hudson Valley Tru Contracting, Inc., and the cross appeals by Steel Built Corporation and Straight Steel Sales Corp. and Fuscaldo Enterprises, Ltd., are deemed withdrawn, without costs or disbursements.

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

ENTER:

Aprilanne Agostino

Clerk of the Court