| Fornaro v Azar |
| Motion No: 2005-09856 |
| Slip Opinion No: 2006 NYSlipOp 67481(U) |
| Decided on April 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
M38961
CF/
|
2005-09856
Fabio Fornaro, plaintiff-respondent, v Rodman Charles Azar, defendant second third-party plaintiff appellant-respondent; John's Swimming Pools, defendant third-party plaintiff respondent-appellant, et al., defendant; Dunn-Rite Backhoe Service, Inc., et al., third-party defendants-respondents; Harmat Homes, Inc., et al., second third-party defendants- respondents. (Index No. 11136-00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 27, 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ORDERED that the application is granted and the appeal by the appellant-respondent is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court