Allen P. Werbalowsky v Colonial Diner Inc. et



Allen P. Werbalowsky v Colonial Diner Inc. et
Motion No: 502954
Slip Opinion No: 2008 NYSlipOp 63112(U)
Decided on January 31, 2008
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: January 31, 2008

Case # 502954


ALLEN P. WERBALOWSKY,

Respondent,

v
COLONIAL DINER, INC.,
et al.,

Appellants.


DECISION AND ORDER
ON MOTION

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.
MERCURE, J.P., PETERS, SPAIN, CARPINELLO and LAHTINEN, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court