Brinkley v Cook
Motion No: 2008-01963
Slip Opinion No: 2008 NYSlipOp 72036(U)
Decided on May 15, 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

M70522

E/cb

HOWARD MILLER, J.P.

MARK C. DILLON

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2008-01963

Christie Lee Brinkley, appellant,

v Peter Cook, respondent.

(Index No. 20387-06)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated January 17, 2008.

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

ORDERED that the branch of the motion which is for leave to withdraw the appeal is granted and the appeal is marked withdrawn, without prejudice to raising issues regarding the order dated January 17, 2008, on any appeal from a judgment entered in the action (see Matter of Aho, 39 NY2d 241, 248); and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., DILLON, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court