Roseann Czajkowski et v Price Chopper Operating Company Inc. et



Roseann Czajkowski et v Price Chopper Operating Company Inc. et
Motion No: 506758
Slip Opinion No: 2009 NY Slip Op 72561(U)
Decided on May 8, 2009
Appellate Division, Third 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.



Decided and Entered: May 8, 2009

Case # 506758


ROSEANN CZAJKOWSKI et al.,

Appellants,

v
PRICE CHOPPER OPERATING COMPANY, INC., et al.,

Respondents.


DECISION AND ORDER
ON MOTION

Motion to dismiss appeal for failure of prosecution.

Application to withdraw and discontinue appeal.

Upon the papers filed in support of the motion and the papers submitted in support of the application, it is

ORDERED that the application to withdraw and discontinue the appeal is granted, without costs, and it is further

ORDERED that the motion to dismiss the appeal is marked withdrawn.
CARDONA, P.J., MERCURE, PETERS, SPAIN and KANE, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court