Schutt v New York Contracting and Construction, Inc.
Motion No: 2005-11536
Slip Opinion No: 2006 NYSlipOp 82977(U)
Decided on December 27, 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

M48657

F/

2005-11536

Robert Schutt, et al., plaintiffs-respondents,

v New York Contracting and Construction

appellant; Noble Elevator Company, Inc.,

third-party defendant respondent.

(Index No. 04943/02)

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 October 28, 2005.

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ORDERED that the application is granted and the appeal is marked withdrawn.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