Miller v Red Mills Market, Inc.
Motion No: 2007-09431
Slip Opinion No: 2008 NYSlipOp 71219(U)
Decided on May 7, 2008
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

M69977

S/sl

2007-09431

Kimberly Miller, plaintiff-respondent,

v Red Mills Market, Inc., et al., appellants,

A & A Maintenance Enterprises, Inc.,

defendant-respondent.

(Index No. 180/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

ORDERED that the order on application dated January 31, 2008, in the above-entitled appeal is recalled and vacated and the following order on application is substituted therefor:

Application by the appellant Red Mills Market, Inc., to withdraw an appeal from an order of the Supreme Court, Putnam County, dated August 30, 2007.

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ORDERED that the application is granted and the appeal by the appellant Red Mills Market, Inc., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court