Ortiz-Somarriba v Somers
Motion No: 2014-04977
Slip Opinion No: 2015 NY Slip Op 80937(U)
Decided on August 6, 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

M196667

HTR/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2014-04977

D

Carlos Ortiz-Somarriba, plaintiff-respondent,

v Duane Somers, et al., defendants, Motel in

the Sky, etc., appellant-respondent, Totonno's

of Yonkers, LLC, respondent-appellant,

Patrick Grizzle, et al., defendants-respondents.

(Index No. 11-51216)

ECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated April 22, 2014.

Upon the stipulation of the attorneys for the respective parties to the appeal and cross appeal dated July 16, 2015, it is

ORDERED that the application is granted and the appeal and cross appeal are deemed withdrawn, without costs or disbursements.

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

ENTER:

Aprilanne Agostino

Clerk of the Court