Matter of Oxycontin; Andre-Drake v Purdue Pharma Compan

Matter of Oxycontin; Andre-Drake v Purdue Pharma Compan

Motion No: 2007-03377

Slip Opinion No: 2007 NYSlipOp 79673(U)

Decided on October 1, 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

M60635

2007-03377, 2007-04377, 2007-04379,
2007-04380, 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)
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 seven orders of the Supreme Court, Richmond County, dated February 28, 2007, in consolidated actions entitled In re Oxycontin, to withdraw their appeals from the order entered in the actions entitled Rafuse v Purdue Pharma Company (Appeal No. 2, Appellate Division Docket No. 2007-04377, Index No. 700,759/05); Priolo v Purdue Pharma Company (Appeal No. 3, Appellate Division Docket No. 2007-04379, Index No. 700,753/05); Ting v Purdue Pharma Company (Appeal No. 4, Appellate Division Docket No. 2007-04380, Index No. 700,904/05); Nunn v Purdue Pharma Company, (Appeal No. 6, Appellate Division Docket No. 2007-04382, Index No. 700,692/05); Peters v Purdue Pharma Company (Appeal No. 7, Appellate Division Docket No. 2007-04383, Index No. 700,735/05); Gerardo v Purdue Pharma Company (Appeal No. 8, Appellate Division Docket No.

2007-04384, Index No. 700,390/05).

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

ORDERED that the appeals from the order entered in the actions entitled Rafuse v Purdue Pharma Company (Appeal No. 2, Appellate Division Docket No. 2007-04377, Index No. 700,759/05); Priolo v Purdue Pharma Company (Appeal No. 3, Appellate Division Docket No. 2007-04379, Index No. 700,753/05); Ting v Purdue Pharma Company (Appeal No. 4, Appellate Division Docket No. 2007-04380, Index No. 700,904/05); Nunn v Purdue Pharma Company, (Appeal No. 6, Appellate Division Docket No. 2007-04382, Index No. 700,692/05); Peters v Purdue Pharma Company (Appeal No. 7, Appellate Division Docket No. 2007-04383, Index No. 700,735/05); Gerardo v Purdue Pharma Company (Appeal No. 8, Appellate Division Docket No.

2007-04384, Index No. 700,390/05) are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court