Appellate Division: Second Judicial Department

M58357

S/nl

2007-03377, 2007-04377, 2007-04379, 2007-04380, 2007-04381, 2007-04382, 2007-04383, 2007-04384 Withdraw Appeal on Stipulation In the Matter of Oxycontin. Sharon Ann Andre-Drake, respondent, v Purdue Pharma Company, et al., appellants. (Appeal No. 1) (Index No. 700,042/05) James Randy Rafuse, Sr., respondent, v Purdue Pharma Company, et al., appellants. (Appeal No. 2) (Index No. 700,759/05) Robert Priolo, respondent, v Purdue Pharma Company, et al., appellants. (Appeal No. 3) (Index No. 700,753/05) Luis Briola Ting, respondent, v Purdue Pharma Company, et al., appellants. (Appeal No. 4) (Index No. 700,904/05) Melinda S. Horn, respondent, v Purdue Pharma Company, et al., appellants. (Appeal No. 5) (Index No. 700,489/05) Julie Ann Nunn, respondent, v Purdue Pharma Company, et al., appellants. (Appeal No. 6) (Index No. 700,692/05) John David Peters, respondent, v Purdue Pharma Company, et al., appellants. (Appeal No. 7) (Index No. 700,735/05) Anthony J. Gerardo, respondent, v Purdue Pharma Company, et al., appellants. (Appeal No. 8) (Index. No. 700,390/05)

ORDER ON APPLICATION

Application by the appellants on appeals by the defendants from eight orders of the Supreme Court, Richmond County, dated February 28, 2007, in consolidated actions entitled In re Oxycontin, to withdraw their appeal from the order entered in the action entitled Melinda Horn v Purdue Pharma Company, et al., pending under Index No. 700,489/05 (Appeal No. 5, Appellate Division Docket No. 2007-04381).

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

ORDERED that the appeal from the order entered in the action entitled Melinda Horn v Purdue Pharma Company, et al., pending under Index No. 700,489/05 (Appeal No. 5, Docket No. 2007-04381), is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court