Randy Weatherby as Trustee of the Weatherby Family Trust v Gary L. Weatherby et



Randy Weatherby as Trustee of the Weatherby Family Trust v Gary L. Weatherby et
Motion No: 505437
Slip Opinion No: 2009 NY Slip Op 74175(U)
Decided on May 21, 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 21, 2009

Case # 505437


RANDY WEATHERBY, as Trustee of the WEATHERBY FAMILY TRUST,

Respondent,

v
GARY L. WEATHERBY,

Appellant,

et al.,
Defendant.


DECISION AND ORDER
ON MOTION

Application to withdraw and discontinue appeal.

Upon the papers filed in support of the application, and no papers having been filed in opposition thereto, it is

ORDERED that the application is granted, without costs.
CARDONA, P.J., MERCURE, PETERS, SPAIN and KANE, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court