Hayes v Ideal Quiet Heat Fuel Corporation
Motion No: 2003-08372 +1
Slip Opinion No: 2006 NYSlipOp 73731(U)
Decided on August 15, 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

M43352

S/nl

HOWARD MILLER, J.P.

DAVID S. RITTER

WILLIAM F. MASTRO

ROBERT A. LIFSON, JJ.

2003-08372, 2003-08375

Sidney Hayes, etc., plaintiff-respondent,

v Ideal Quiet Heat Fuel Corporation, defendant

third-party plaintiff-respondent; ITT Industries,

Inc., third-party defendant-appellant.

(Action No. 1)

(Index No. 26825/97)

John Bynum, etc., plaintiff-respondent,

v Sidney Edward Hayes, defendant-respondent,

Ideal Quiet Heat Fuel Corporation, defendant

third-party plaintiff-respondent; ITT Industries,

Inc., third-party defendant-appellant.

(Action No. 2)

(Index No. 7171/97)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-appellant in both actions to withdraw appeals from two orders of the Supreme Court, Queens County, both dated August 13, 2003.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted and the appeals are deemed withdrawn, without costs or disbursements.

MILLER, J.P., RITTER, MASTRO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court