Duncan v Bernstein
Motion No: 2008-02430
Slip Opinion No: 2009 NY Slip Op 72275(U)
Decided on May 12, 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

M86546

L/

2008-02430

Beverly Duncan, etc., et al., plaintiffs-respondents,

v Elaine Bernstein, defendant third-party plaintiff-

respondent, et al., defendants; Lynette Baiocco,

et al., third-party defendants-appellants.

(Index No. 34569/05)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 23, 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ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court