| Zhungo v G. O'Reilly Contracting, Inc. |
| Motion No: 2018-04398 |
| Slip Opinion No: 2018 NY Slip Op 75135(U) |
| Decided on June 14, 2018 |
| 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
M251322
E/afa
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2018-04398 German Alejandro Zhungo, et al., respondents-appellants, v G. O'Reilly Contracting, Inc., defendant third-party plaintiff-appellant-respondent; M.A.M. Contracting, Inc., et al., third-party defendants-respondents. (Index No. 54730/16)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the order on application of this Court dated May 10, 2018, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:
Application by the respondents-appellants on an appeal and a cross appeal from an order of the Supreme Court, Westchester County, dated March 8, 2018, to withdraw the cross 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ORDERED that the application is granted and the cross appeal is marked withdrawn.
SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court