Moran v Town of Riverhead
Motion No: 2015-06721
Slip Opinion No: 2016 NY Slip Op 67407(U)
Decided on March 17, 2016
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

M208295

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-06721

Bernadette Moran, etc., respondent-appellant,

v Town of Riverhead, et al., appellants-respondents.

(Index No. 3357/11)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on application of this Court dated February 22, 2016, in the above-entitled case is recalled and vacated, and the following decision and order on application is substituted therefor:

Application by the appellant-respondent Susanne Breitenbach on appeals and a cross appeal from an order of the Supreme Court, Suffolk County, dated March 27, 2015, for leave to withdraw her appeal.

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ORDERED that the application is granted and the appeal by the appellant-respondent Susanne Breitenbach is deemed withdrawn, without costs or disbursements.

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

ENTER:

Aprilanne Agostino

Clerk of the Court