Opinion
2012-04938 2012-06743 Index No. 16850/09 M155895
05-06-2013
Charles Donaldson, appellant, v. Armand E. Abulencia, etc., et al., defendants, Island Orthopaedics & Sports Medicine, P.C., et al., respondents.
, J.P.
JOHN M. LEVENTHAL
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated February 15, 2012, and to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - February 2013 Calendar," dated February 19, 2013, as dismissed an appeal from a judgment of the same court entered May 9, 2012, and to withdraw that 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 motion is granted; and it is further,
ORDERED that so much of the decision and order on motion of this Court dated February 19, 2013, as dismissed the appeal from the judgment entered May 9, 2012, is recalled and vacated; and it is further,
ORDERED that the appeals are deemed withdrawn, without costs or disbursements.
RIVERA, J.P., LEVENTHAL, LOTT and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court