In the Matter of the Trust Made by Mary Xx. Linda A. Mc Call et ; Key Bank National Association as Trustee of the Trust Made by Mary Xx..

Motion No: 503186

Slip Opinion No: 2007 NYSlipOp 86383(U)

Decided on December 10, 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: December 10, 2007

Case # 503186

In the Matter of the Trust Made by MARY XX. LINDA A. MC CALL et al., Appellants; KEY BANK NATIONAL ASSOCIATION, as Trustee of the Trust Made by Mary XX., Respondent.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal taken by Daniel J. Centi for failure of prosecution.

Application by Daniel J. Centi to withdraw and discontinue his appeal.

Upon the papers filed in support of the motion and the application and the papers filed in opposition to the application, it is

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

ORDERED that the motion is marked withdrawn.
CARDONA, P.J., MERCURE, CARPINELLO, LAHTINEN and KANE, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court