| Britvan v Tomback |
| Motion No: 2008-02863 |
| Slip Opinion No: 2008 NYSlipOp 80544(U) |
| Decided on August 20, 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
M74752
L/
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2008-02863 Jack J. Britvan, respondent-appellant, v Steven Tomback, appellant-respondent, American Corporate Real Estate, Inc., respondent. (Index No. 16706/04)
| ORDER ON APPLICATION Application to Withdraw Appeal and Cross Appeal |
ORDERED that the order on application of this court dated August 15, 2008, is recalled and vacated and the following order on application is substituted therefor:
Application by the appellant-respondent and the respondent-appellant to withdraw an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated February 27, 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ORDERED that the application is granted and the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court