Mobley v J. Foster Phillips Funeral Home, Inc.

Mobley v J. Foster Phillips Funeral Home, Inc.

Motion No: 2015-11930

Slip Opinion No: 2017 NY Slip Op 86390(U)

Decided on September 19, 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.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M237980

J/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-11930

Joseph Mobley, et al., respondents,
v J. Foster Phillips Funeral Home, Inc.,
et al., appellants.
(Index No. 27220/11)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on application dated September 14, 2017, in the above-entitled case is recalled and vacated, and the following decision and order on application is substituted therefor:

Application to withdraw appeals insofar as taken against the respondent Joseph Mobley from an order of the Supreme Court, Queens County, dated September 30, 2015.

Upon the stipulation of the attorneys for the respective parties dated August 15, 2017, it is

ORDERED that the application is granted and the appeals insofar as taken against the respondent Joseph Mobley are deemed withdrawn, without costs or disbursements.

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

ENTER:

Aprilanne Agostino

Clerk of the Court