| Schimicci v City of New York |
| Motion No: 2004-09729 +1 |
| Slip Opinion No: 2006 NYSlipOp 61129(U) |
| Decided on January 26, 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. |
Appellate Division: Second Judicial Department
M35310
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-09729
Joseph Schimicci, Jr., etc., et al., respondents, v City of New York, appellant. (Appeal No. 1) (Index No. 1852/96) 2004-09730 Richard Calabrese, etc., etc., et al., respondents, v City of New York, appellant. (Appeal No. 2)
(Index No. 30141/95)
| 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, Kings County, dated September 20, 2004 (Appellate Division Docket No. 2004-09730).
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ORDERED that the application is granted and the appeal under Appellate Division Docket No. 2004-09730, is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court