Caballos De Los Cristiani Inc. v Indemnity Insurance Company of North America et and Keith Timberlake et



Caballos De Los Cristiani Inc. v Indemnity Insurance Company of North America et and Keith Timberlake et
Motion No: 504951
Slip Opinion No: 2008 NYSlipOp 82664(U)
Decided on September 4, 2008
Appellate Division, Third 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.



Decided and Entered: September 4, 2008

Case # 504951


CABALLOS DE LOS CRISTIANI, INC.,

Appellant,

et al.,


Plaintiff,

v
INDEMNITY INSURANCE COMPANY OF NORTH AMERICA et al.,

Respondents,

and
KEITH TIMBERLAKE et al.,

Appellants.


DECISION AND ORDER
ON MOTION

Motion to withdraw and discontinue appeal of defendants Keith Timberlake and Melinda Timberlake.

Upon the papers filed in support of the motion and the papers filed in response thereto, it is

ORDERED that the motion is denied, without costs, as unnecessary based on this Court's decision and order dated and entered August 1, 2008 dismissing said defendants' appeal upon default.
CARDONA, P.J., SPAIN, CARPINELLO, ROSE and KANE, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court