Johnston v Rytec Corporation
Motion No: 2006-02582
Slip Opinion No: 2006 NYSlipOp 77858(U)
Decided on October 17, 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

M45754

F/

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2006-02582

David Johnston, plaintiff-respondent,

v Rytec Corporation, et al., defendants-

respondents, BEA, Inc., appellant.

(Index No. 2810/04)

DECISION & ORDER ON MOTION
Motion to Withdraw Appeal

Motion by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated January 23, 2006.

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

ORDERED that the motion is granted and the appeal is deemed withdrawn without costs or disbursements.

MILLER, J.P., GOLDSTEIN, SKELOS, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court