Tessitore v Poland Spring
Motion No: 2007-00629
Slip Opinion No: 2007 NYSlipOp 69900(U)
Decided on May 22, 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

M54963

L/

2007-00629

George Tessitore, et al., respondents,

v Poland Spring, defendant third-party

plaintiff, All Phase Construction Corp.,

defendant-respondent-appellant; Loft

Company, third-party defendant-appellant-

respondent.

(Index No. 04-06859)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant-respondent and the respondent-appellant to withdraw an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated December 5, 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ORDERED that the application is granted and the appeal and cross appeal are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court