Loiek v 1133 Fifth Avenue Corp.

Loiek v 1133 Fifth Avenue Corp.

Motion No: 2006-07582

Slip Opinion No: 2007 NYSlipOp 62210(U)

Decided on January 31, 2007

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

M50194

2006-07582
Roman Loiek, plaintiff-respondent,
v 1133 Fifth Avenue Corp., et al., defendants
third-party plaintiffs-appellants, Rygrove Inc.,
defendant-respondent; NE & WS, Inc.,
third-party defendant-respondent.
(Index No. 10941/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 17, 2006, insofar as asserted against the plaintiff-respondent.

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ORDERED that the application is granted and the appeal as asserted against the plaintiff-respondent is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court