Tuttle, as administrator of estate of Kelly v Village of Tarrytown

Tuttle, as administrator of estate of Kelly v Village of Tarrytown

Motion No: 2016-01744

Slip Opinion No: 2017 NY Slip Op 95878(U)

Decided on December 15, 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

M243182

HTR/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-01744
D
Cynthia Tuttle, as administrator of the estate
of John Kelly, also known as Jean Pierre Kelly,
plaintiff-respondent, v Village of Tarrytown,
et al., defendants-respondents, En-Tech Corp.,
et al., defendants, Charles A. Manganaro
Consulting Engineers, et al., appellants.
(Index No. 55164/11)

ECISION & ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant Frank & Lindy Plumbing & Heating, Inc., for leave to withdraw an appeal from an order of the Supreme Court, Westchester County, dated January 27, 2016.

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that the application is granted and the appeal by the appellant Frank & Lindy Plumbing & Heating, Inc., is deemed withdrawn, without costs or disbursements.

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

ENTER:

Aprilanne Agostino

Clerk of the Court