Derlly v Fitzpatrick
Motion No: 2005-02530
Slip Opinion No: 2006 NYSlipOp 61016(U)
Decided on January 24, 2006
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35195

L/

ANITA R. FLORIO, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-02530

Guido Derlly, et al., respondents,

v James F. Fitzpatrick, appellant, et al.,

defendant.

(Index No. 6085/04)

DECISION & ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Nassau County, dated February 17, 2005.

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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

FLORIO, J.P., SKELOS, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court