MARY A. MCLEAN AND BRUCE MCLEAN V NORTHTOWN AUTOMOTIVE COMPANIES, INC., NORTHTOWN HYUNDAI, INC., NORTHTOWN DODGE, INC.
Motion No: CA 08-02199
Slip Opinion No: 2009 NYSlipOp 64617(U)
Decided on February 24, 2009
Appellate Division, Fourth 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.


February 24, 2009

PRESENT: HURLBUTT, J.P., MARTOCHE, FAHEY, CARNI, AND GORSKI, JJ.

DOCKET NO. CA 08-02199

MARY A. MCLEAN AND BRUCE MCLEAN, PLAINTIFFS-RESPONDENTS,

V

NORTHTOWN AUTOMOTIVE COMPANIES, INC.,

NORTHTOWN HYUNDAI, INC., NORTHTOWN DODGE, INC.,

NICHOLAS J. MERGLER, VALENTINA PODVEZKO,

DEFENDANTS-APPELLANTS,

ET AL., DEFENDANTS.


Appellants having moved to withdraw without prejudice the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 3, 2008,

Now, upon reading and filing the affirmation of Peter J. Cambs, Sr. dated February 5, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that the appeal is hereby removed from the February 27, 2009 day calendar of this Court.

Entered: February 24, 2009

JoAnn M. Wahl, Clerk