Penachio v Penachio
Motion No: 2006-03026
Slip Opinion No: 2008 NYSlipOp 78992(U)
Decided on July 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

M73886

L/

PETER B. SKELOS, J.P.

STEVEN W. FISHER

JOSEPH COVELLO

RANDALL T. ENG, JJ.

2006-03026, 2006-06613

Tony Penachio, appellant-respondent,

v Nicholas A. Penachio, Sr., respondent-

appellant, Nicholas A. Penachio, Jr.,

et al., respondents.

(Index No. 931/05)

DECISION & ORDER ON APPLICATION
Application to Withdraw Appeal

Separate applications by the appellant-respondent and the respondent-appellant for leave to withdraw appeals and a cross appeal from two orders of the Supreme Court, Putnam County, dated March 1, 2006, and June 6, 2006, respectively.

Upon the papers filed in support of the applications, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the applications are granted and the appeals and cross appeal are deemed withdrawn, without costs or disbursements.

SKELOS, J.P., FISHER, COVELLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court