| Divito v Good Fellas Brick Oven Pizza |
| Motion No: 2008-02101 |
| Slip Opinion No: 2008 NYSlipOp 72945(U) |
| Decided on May 23, 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
M70962
L/
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2008-02101 Stephen Divito, appellant-respondent, v Good Fellas Brick Oven Pizza, et al., respondents-appellants. (Index No. 102674/06)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondent-appellant Good Fellas Brick Oven Pizza, to withdraw its cross appeal from an order of the Supreme Court, Richmond County, dated January 7, 2008.
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the application is granted and the cross appeal by the respondent-appellant Good Fellas Brick Oven Pizza, is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court