Hofweber v Soros
Motion No: 2005-10066
Slip Opinion No: 2006 NYSlipOp 70975(U)
Decided on June 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M41295

O/sl

DANIEL F. LUCIANO, J.P.

REINALDO E. RIVERA

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2005-10066

Thomas Hofweber, et al., appellants, v

Robert Soros, et al., respondents.

(Docket Nos. 4040/04)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated September 27, 2005, for failure to timely perfect the appeal in accordance with the rules of this court (see NYCRR 670.8), and application by the appellants, in effect, 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 in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn; and it is further,

ORDERED that the motion is denied as academic.

LUCIANO, J.P., RIVERA, LIFSON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court