Appellate Division: Second Judicial Department

M248020

E/rr

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-10703 Michael J. Meyer, etc., et al., plaintiffs, v 148 South Emerson Associates, LLC, defendant, Drew Doscher, etc., appellant; Charles C. Russo, etc., et al., nonparty- respondents (and a third-party action). (Action No. 1) Michael J. Meyer, etc., respondent, v Montauk U.S.A., LLC, et al., appellants. (Action No. 2) Drew Doscher, etc., et al., plaintiffs v Michael Meyer, et al., defendants. (Action No. 3) (Index Nos. 68379/14, 600830/15, 608165/15)

DECISION & ORDER ON MOTION Application to Withdraw Appeal

On the Court's own motion, it is

ORDERED that the decision and order on application of this Court dated March 21, 2018, in the above-entitled case is recalled and vacated, and the following decision and order on application is substituted therefor:

Application by the appellants Montauk U.S.A., LLC, and Drew Doscher on appeals from an order of the Supreme Court, Suffolk County, dated August 18, 2017, for leave to withdraw their appeal from so much of the order as pertains to Action No. 2 under Suffolk County Index No. 600830/15.

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 Montauk U.S.A., LLC, and Drew Doscher from so much of the order as pertains to Action No. 2 under Suffolk County Index No. 600830/15, is deemed withdrawn, without costs or disbursements.

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

ENTER:

Aprilanne Agostino

Clerk of the Court