Opinion
2003-05355, 2003-05657.
Decided May 17, 2004.
In a condemnation proceeding, Megamat Laundromat, Inc., Habin's Corp., and Sunny Produce Grocery Corp. appeal (1) from an order of the Supreme Court, Westchester County (Rosato, J.), entered May 14, 2003, and (2), by permission, from so much of an order of the same court entered June 10, 2003 as, sua sponte, appointed a private attorney to serve as referee of the condemnees' trade fixture claims, at a fee of $1000 per day, to be shared equally by the parties. Application by Megamat Laundromat, Inc., Habin's Corp., and Sunny Produce Grocery Corp. to withdraw the appeal from the order entered May 14, 2003.
Goldstein, Goldstein, Rikon Gottlieb, P.C., New York, N.Y. (Michael Rikon of counsel), for appellants.
John E. Watkins, Jr., White Plains, N.Y. (Liane V. Watkins of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, DANIEL F. LUCIANO, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the application is granted, and the appeal from the order entered May 14, 2003, is dismissed as withdrawn; and it is further,
ORDERED that the order entered June 10, 2003, is reversed insofar as appealed from, on the law, and the appointment is vacated ( see Matter of Accessocraft Products Corp. v. City of New Rochelle, A.D.3d [Appellate Division Docket No. 2003-07265, decided herewith]; and it is further,
ORDERED that one bill of costs is awarded to the respondent.
ALTMAN, J.P., S. MILLER, LUCIANO and CRANE, JJ., concur.