Cochran v NEC America, Inc., a/k/a NEC USA, Inc.

Cochran v NEC America, Inc., a/k/a NEC USA, Inc.

Motion No: 2005-00251

Slip Opinion No: 2006 NYSlipOp 67332(U)

Decided on April 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

M38840

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT J. LUNN, JJ.

2005-00251
Mary Cochran, respondent, v NEC America, Inc.,
a/k/a NEC USA, Inc., respondent-appellant,
We're Associates, Inc., appellant-respondent.
(Index No. 14649/02)

DECISION & ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant-respondent for leave to withdraw its appeal from an order of the Supreme Court, Nassau County, entered November 29, 2004.

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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that on the court's own motion, the cross appeal is dismissed as abandoned, without costs or disbursements (see 22 NYCRR 670.8[e]).

GOLDSTEIN, J.P., MASTRO, RIVERA and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court