Shollenberger v Fifth Avenue of Long Island Realty Assoc.
Motion No: 2008-09602
Slip Opinion No: 2009 NY Slip Op 70429(U)
Decided on April 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M85547

F/

2008-09602

Robert Shollenberger, plaintiff-respondent,

v Fifth Avenue of Long Island Realty Assoc.,

defendant third-party plaintiff-appellant,

Burberry Limited, defendant second-third-party

plaintiff/third-party defendant-respondent,

Richter & Ratner Contracting Corp., defendant

third-third-party-plaintiff/second-third-party

defendant-respondent; Precision Aire, third-third-party

defendant/fourth-third-party plaintiff-respondent;

York Scaffolding Equipment Corp., fourth-

third-party defendant/fifth-third-party plaintiff-

respondent; R.F.C. Construction Corporation,

fifth-third-party defendant-appellant.

(Index No. 13541/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 3, 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ORDERED that the application is granted and appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court