| Romero v Park Slope Fifth Ave NY, LLC |
| Motion No: 2008-06437 |
| Slip Opinion No: 2009 NY Slip Op 71334(U) |
| Decided on May 1, 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
M86076
L/
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2008-06437
Carlos Romero, plaintiff-respondent-appellant, v Park Slope Fifth Ave NY, LLC, et al., defendants third-party plaintiffs-appellants-respondents, Astoria Federal Savings, defendant third-party plaintiff-respondent, Planned System Integration, Ltd., defendant-respondent; Midtown Contracting Corp., third-party defendant-appellant-respondent. (Index No. 5080/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the third-party defendant-appellant-respondent Midtown Contracting
Corp., to withdraw its appeal from an order of the Supreme Court, Kings County, dated June 10, 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 appeal by the third-party defendant-appellant-respondent Midtown Contracting Corp. is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court