| DePaola v City of New York |
| Motion No: 2007-08548 |
| Slip Opinion No: 2008 NYSlipOp 72044(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. |
Appellate Division: Second Judicial Department
M70599
L/
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2007-08548
Thomas DePaola, plaintiff-respondent, v City of New York, et al., defendants- respondents, Lewis & Kennedy, Inc., defendant third-party plaintiff second third-party defendant-respondent-appellant, JP Morgan Chase & Co., a/k/a JP Morgan Chase Bank, defendant second third-party plaintiff-appellant- respondent; ARI Products, Inc., defendant third-party defendant-respondent; Rutherford & Assocates, Inc., second third-party defendant-respondent-appellant. (Index No. 3788/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondent-appellant Lewis & Kennedy, Inc., to withdraw a cross appeal from an order of the Supreme Court, Kings County, dated June 8, 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that the application is granted and the cross appeal by the respondent-appellant Lewis & Kennedy, Inc., is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court