Dish Realty, LLC v Planning Board of Town of Huntingto
Motion No: 2015-03777
Slip Opinion No: 2015 NY Slip Op 82662(U)
Decided on August 25, 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

M197333

HTR/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-03777

D

Dish Realty, LLC, appellant, v Planning

Board of Town of Huntington, respondent.

(Action No. 1)

(Index No. 36857/11)

ECISION & ORDER ON APPLICATION
Application to Withdraw Appeal

2015-04777

Dish Realty, LLC, respondent-appellant,

v Town of Huntington, appellant-respondent,

et al., defendant.

(Action No. 2)

(Index No. 9966/04)

Application by Dish Realty, LLC, for leave to withdraw its appeal from an order of the Supreme Court, Suffolk County, dated March 10, 2015 (Appellate Division Docket No. 2015-03777), and its cross appeal from an order of the same court also dated March 10, 2015 (Appellate Division Docket No. 2015-04777). Separate application by Town of Huntington for leave to withdraw its appeal from the order dated March 10, 2015 (Appellate Division Docket No. 2015-04777).

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ORDERED that the applications are granted and the appeals and cross appeal are deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the stay granted by decision and order on motion of this Court dated July 14, 2015, is vacated forthwith.

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

ENTER:

Aprilanne Agostino

Clerk of the Court