In the Matter of Encore Funding L.l.c. v Brian S. Russell Sr. as Executor of the Estate of Elaine T. Hickey Deceased.



In the Matter of Encore Funding L.l.c. v Brian S. Russell Sr. as Executor of the Estate of Elaine T. Hickey Deceased.
Motion No: 504841
Slip Opinion No: 2008 NYSlipOp 85212(U)
Decided on September 18, 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 18, 2008

Case # 504841


In the Matter of ENCORE FUNDING L.L.C.,

Appellant,

v
BRIAN S. RUSSELL SR., as Executor of the Estate of ELAINE T. HICKEY, Deceased,

Respondent.


DECISION AND ORDER
ON MOTION

Application to withdraw and discontinue appeal.

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

ORDERED that the application is granted, without costs.
CARDONA, P.J., SPAIN, CARPINELLO, ROSE and KANE, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court