| Russo v Smith |
| Motion No: 2007-02563 |
| Slip Opinion No: 2007 NYSlipOp 74909(U) |
| Decided on August 3, 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. |
Appellate Division: Second Judicial Department
M58005
L/
|
2007-02563
Michael Russo, et al., respondents, v Denise Smith, et al., appellants (and a third-party action). (Index No. 135/05)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants Denise Smith and Leo E. Smith, to withdraw their appeal from an order of the Supreme Court, Nassau County, dated February 16, 2007, only insofar as asserted against the defendant O'Brien Drywall Unlimited.
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 by the appellants Denise Smith and Leo E. Smith, only insofar as asserted against the defendant O'Brien Drywall Unlimited, is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court