| Matter of Whitfield v Kelly |
| Motion No: 2007-02381 |
| Slip Opinion No: 2007 NYSlipOp 83380(U) |
| Decided on November 9, 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
M62279
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2007-02381 In the Matter of Kenneth Whitfield, et al., appellants, v William G. Kelly, et al., respondents. (Index No. 06-20503)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 18, 2006.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the court's own motion, so much of the decision and order on motion of this court dated November 5, 2007, entitled "Matter of Dismissal Causes for Failure to Perfect - October 2007," as dismissed the instant appeal is recalled and vacated; and it is further,
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court