DeNaro v Rosalia
Motion No: 2008-01326
Slip Opinion No: 2008 NYSlipOp 79343(U)
Decided on August 4, 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

M74043

T/sl

2008-01326

Carol DeNaro, et al., respondents-appellants,

v Stephanie Rosalia, et al., appellants-respondents.

(Index No. 19512/05)

ORDER ON APPLICATION

ORDERED that the order on application of this court dated April 29, 2008, in the above-entitled appeal is recalled and vacated and the following order on application is substituted therefor:

Application by the appellant-respondent City of New York, to withdraw its appeal from an order of the Supreme Court, Queens County, dated December 17, 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ORDERED that the application is granted and the appeal by the appellant-respondent City of New York is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court