DePaola v City of New York
Motion No: 2007-08548
Slip Opinion No: 2008 NYSlipOp 73335(U)
Decided on May 30, 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

M71209

L/

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, 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 Rutherford & Associates, 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the application is granted and the cross appeal by the respondent-appellant Rutherford & Associates, Inc., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court