Automall 46, Inc. v Captus Group, Inc.
Motion No: 2006-09151
Slip Opinion No: 2007 NYSlipOp 62572(U)
Decided on February 6, 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

M50545

L/

2006-09151

Automall 46, Inc., plaintiff-respondent,

v Captus Group, Inc., defendant-respondent,

First Niagara Bank, nonparty-appellant.

(Index No. 5334-06)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 13, 2006.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court