| Matter of Rovito, d/b/a Bay Ridge Endoscopy and Digestive |
| Motion No: 2006-07377 |
| Slip Opinion No: 2006 NYSlipOp 77299(U) |
| Decided on October 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
M45492
S/sl
THOMAS A. ADAMS, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
ROBERT A. LIFSON, JJ.
|
2006-07377
In the Matter of Vincent Rovito, d/b/a Bay Ridge Endoscopy and Digestive Health Center, et al. Pamela Cangelosi, et al., appellants; Guy Keith Van, etc., et al., respondents. (Index No. 27580/02)
| DECISION & ORDER ON MOTION |
Appeals by certain plaintiffs from an order of the Supreme Court, Kings County, dated June 28, 2006. By order to show cause dated September 13, 2006, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the order is not appealable (see CPLR 5701; 5704). Applications by the appellants Peervada Shah and John Lynch to withdraw their respective appeals.
Now, on the court's own motion, and upon the papers filed in support of the applications, and no papers having been filed in opposition thereto or in opposition to the order to show cause, it is
ORDERED that the applications are granted and the appeals by Peervada Shah and John Lynch are marked withdrawn; and it is further,
ORDERED that the remaining appeals are dismissed, without costs or disbursements.
ADAMS, J.P., GOLDSTEIN, MASTRO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court