Opinion
Motion No: 2010-01502 2010-10261 2010-02348 Appeal No. 2 Index No. 04-7935 M125518
09-09-2011
Laurie McIvor, plaintiff-respondent, v. AKW Holdings, LLC, defendant-respondent, Curti's Landscaping, Inc., appellant (and other titles). Laurie McIvor, plaintiff, v. AKW Holdings, LLC, defendant fourth-party plaintiff-respondent, et al., defendant; Hudson Valley Radiology Associates, PLLC, also known as Mid Rockland Imaging, fourth-party defendant-appellant (and other titles).(Appeal Nos. 1 & 3)
, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
DECISION & ORDER ON MOTION
On the Court's own motion, it is
ORDERED that the decision and order on application in the above-entitled appeals dated September 2, 2011, is recalled and vacated and the following decision and order on application is substituted therefor:
Application by Curti's Landscaping, Inc., on appeals from two orders of the Supreme Court, Rockland County, dated December 22, 2009, and an order of the same court dated September 22, 2010, respectively, to withdraw its appeals from the order dated December 22, 2009, docketed under Appellate Division Docket No. 2010-1502, and the order dated September 22, 2010.
Upon the stipulation of the attorneys for the respective parties, dated August 12, 2011, it is
ORDERED that the application is granted and the appeals by Curti's Landscaping, Inc., are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court