Rodriguez v Hamburg
Motion No: 2015-12308
Slip Opinion No: 2016 NY Slip Op 78100(U)
Decided on June 28, 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

M214184

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-12308

Candy Rodriguez, etc., et al., appellants,

v Donald A. Hamburg, respondent, et al.,

defendants.

(Action No. 1)

Matthew Alston, appellant,

v Donald A. Hamburg, respondent.

(Action No. 2)

(Index Nos. 3467/13, 3739/13)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on application of this Court dated June 24, 2016, in the above-entitled case is recalled and vacated, and the following decision and order on application is substituted therefor:

Application by the appellants in Action No. 1 for leave to withdraw their appeal from an order of the Supreme Court, Orange County, dated October 16, 2015.

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ORDERED that the application is granted and the appeal by the appellants in Action No. 1 is deemed withdrawn, without costs or disbursements.

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

ENTER:

Aprilanne Agostino

Clerk of the Court