| Weiss v McGibbon |
| Motion No: 2008-08088 |
| Slip Opinion No: 2009 NYSlipOp 64161(U) |
| Decided on February 20, 2009 |
| 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
M82708
L/
|
2008-08088
Ella Weiss, et al., plaintiffs-respondents, v Janet McGibbon, et al., defendants- respondents, 1705 Wheeler's Ltd., d/b/a Wheeler's Bar, respondent-appellant, Nikodema Operating Corp., d/b/a Floridian Diner, appellant-respondent (and a third-party action). (Index No. 5202/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Kings County, dated July 9, 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ORDERED that the application is granted and the cross appeal by the respondent-appellant is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court