| Olmann, as the administrator of the estate of Olmann v Willoughby Reha |
| Motion No: 2017-07645 |
| Slip Opinion No: 2017 NY Slip Op 84203(U) |
| Decided on August 29, 2017 |
| 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. |
Appellate Division: Second Judicial Department
M236889
E/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
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2017-07645
Joseph Olmann, as administrator of the estate of Marie C. Olmann, etc., respondent-appellant, v Willoughby Rehabilitation and Health Care Center, LLC, et al., appellants-respondents. (Index No. 514289/15)
| DECISION & ORDER ON MOTION Application to Withdraw Appeal |
On the Court's own motion, it is
ORDERED that the order on application of this Court dated August 22, 2017, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:
Application by the appellants-respondents on an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated June 20, 2017, to withdraw the 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ORDERED that the application is granted and the appeal is marked withdrawn.
ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court