| B & G Contracting, Ltd. v Cervini |
| Motion No: 2020-08101 |
| Slip Opinion No: 2021 NY Slip Op 63836(U) |
| Decided on March 29, 2021 |
| 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
M276368
E/sl
LEONARD B. AUSTIN, J.P.
BETSY BARROS
ANGELA G. IANNACCI
LINDA CHRISTOPHER, JJ.
|
2020-08101 B & G Contracting, Ltd., et al., plaintiffs-responden v Eugene Cervini, et al., defendants third-party plaintiffs-appellants; Joan Bertussi, et al., third-party defendants-respondents. (Matter No. 1) In the Matter of Thomas Bertussi, et al., petitioners- respondents, v B & G Contracting, Ltd., respondent respondent, John Cervini, et al., appellants. (Matter No. 2) (Index Nos. 34697/2018, 34717/2018)
| DECISION & ORDER ON MOTION ts, |
Appeal from an order of the Supreme Court, Rockland County, dated September 29, 2020. Motion by the respondents to vacate a stay granted by a decision and order on motion of this Court dated December 30, 2020, and for an award of an attorney's fee and costs. Application by the appellants to withdraw the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and 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ORDERED that the application is granted and the appeal is deemed withdrawn; and it is further,
ORDERED that the branch of the motion which is to vacate the stay is granted and the stay granted by the decision and order on motion of this Court dated December 30, 2020, is vacated forthwith; and it is further,
ORDERED that the motion is otherwise denied.
AUSTIN, J.P., BARROS, IANNACCI and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court