| Smith v Mitchell |
| Motion No: 2005-06970 +1 |
| Slip Opinion No: 2006 NYSlipOp 67074(U) |
| Decided on April 18, 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
M38572
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-06970, 2005-10054
Jeannine Smith, respondent, v Leroy Mitchell, et al., appellants. (Index No. 4286/03)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants for leave to withdraw appeals from two orders of the Supreme Court, Nassau County, dated June 1, 2005, and October 6, 2005, respectively.
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ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the stay granted by decision and order of this court dated November 2, 2005, is vacated forthwith.
PRUDENTI, P.J., FLORIO, MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court