| Caplan v Tofel |
| Motion No: 2007-03233 |
| Slip Opinion No: 2008 NYSlipOp 71446(U) |
| Decided on May 8, 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. |
Appellate Division: Second Judicial Department
M70006
E/sl
REINALDO E. RIVERA, J.P.
DAVID S. RITTER
DANIEL D. ANGIOLILLO
WILLIAM E. McCARTHY, JJ.
|
2007-03233, 2007-09088 David R. Caplan, appellant, v Lawrence E. Tofel, et al., respondents. (Index No. 1726/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to withdraw his reply brief on an appeal from an order of the Supreme Court, Dutchess County, dated March 8, 2007, and a judgment of the same court entered March 9, 2007. Application by the respondents to dismiss the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is
ORDERED that the motion is granted and the appellant's reply brief is deemed withdrawn; and it is further,
ORDERED that the application is denied without prejudice to making a motion for that relief.
RIVERA, J.P., RITTER, ANGIOLILLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court