IGNATIUS MAGNANI AND KATHERINE MAGNANI V ACCADIA SITE CONTRACTING, INC. AND COUNTY OF ERIE
Motion No: NOS. CA 17-00841 AND CA 17-00842
Slip Opinion No: 2018 NY Slip Op 73711(U)
Decided on May 21, 2018
Appellate Division, Fourth 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.


May 21, 2018

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NOS. CA 17-00841 AND CA 17-00842

IGNATIUS MAGNANI AND KATHERINE MAGNANI,

PLAINTIFFS-RESPONDENTS,

V

ACCADIA SITE CONTRACTING, INC. AND COUNTY OF ERIE,

DEFENDANTS-APPELLANTS.


Appellants having moved to withdraw the appeal taken herein from orders of Supreme Court entered in the Office of the Clerk of the County of Erie on April 20, 2016, and January 4, 2017, and for other relief,

Now, upon reading and filing the affidavit of Ann M. Campbell, Esq., sworn to April 30, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to withdraw the appeals is granted, and the appeals are deemed withdrawn without prejudice, and

It is further ORDERED that the motion is otherwise dismissed as unnecessary.

Entered: May 21, 2018

Mark W. Bennett, Clerk