Opinion
Motion No: 2011-06131 Index No. 22788/06 M126280
09-26-2011
Board of Managers of Condominium II, Heritage Hills of Westchester, plaintiff, v. Gilroy Construction Co., et al., appellants, Versico Incorporated, respondent, et al., defendant.
, J.P.
ANITA R. FLORIO
RANDALL T. ENG
SANDRA L. SGROI, JJ.
DECISION & ORDER ON MOTION
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated June 3, 2009. Application by the appellants to withdraw the appeal.
Upon the papers filed in support of the motion and 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
MASTRO, J.P., FLORIO, ENG and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court