Poyiatzis v 37-10 31st Avenue Associates, LLC
Motion No: 2006-10237
Slip Opinion No: 2007 NYSlipOp 68880(U)
Decided on May 4, 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

M54202

E/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2006-10237

Maria Poyiatzis, appellant,

v 37-10 31st Avenue Associates, LLC,

et al., respondents.

(Index No. 9645/06)

DECISION & ORDER ON MOTION

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated August 22, 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 on the court's own motion, so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - March 2007 Calendar", dated April 2, 2007, as dismissed the appeal is recalled and vacated; and it is further,

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

CRANE, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court