| Jesberger v Bally Total Fitness |
| Motion No: 2006-09920 |
| Slip Opinion No: 2006 NYSlipOp 81722(U) |
| Decided on December 12, 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
M48162
F/
|
2006-09920
Robert Jesberger, plaintiff-respondent, v Bally Total Fitness, defendant-respondent; Waldbaum's Inc., etc., appellant, et al., defendant. (Index No. 18495/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 12, 2006.
Upon the papers filed in support of 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ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court