| Davis v Grubb & Ellis Company |
| Motion No: 2005-09597 |
| Slip Opinion No: 2006 NYSlipOp 69821(U) |
| Decided on June 5, 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
M40442
E/sl
DANIEL F. LUCIANO, J.P.
REINALDO E. RIVERA
ROBERT A. LIFSON
JOSEPH COVELLO, JJ.
|
2005-09597 Valarie Davis, et al., appellants, v Grubb & Ellis Company, et al., respondents (Index No. 501/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated September 7, 2005, for failure to timely perfect the same. Application by the appellants for leave to withdraw the appeal.
Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or 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ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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 the motion is denied.
LUCIANO, J.P., RIVERA, LIFSON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court