John Donato v Robert Abrahamsen.



John Donato v Robert Abrahamsen.
Motion No: 502824
Slip Opinion No: 2007 NYSlipOp 75388(U)
Decided on August 7, 2007
Appellate Division, Third 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.



Decided and Entered: August 7, 2007

Case # 502824


JOHN DONATO,

Appellant,

v
ROBERT ABRAHAMSEN,

Respondent.


DECISION AND ORDER
ON MOTION

Motion to dismiss appeal for failure of prosecution.

Application to withdraw and discontinue appeal.

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

ORDERED that the application is granted, without costs, and it is further

ORDERED that the motion to dismiss is marked withdrawn.
CARDONA, P.J., PETERS, SPAIN, CARPINELLO and KANE, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court