| Goodleaf v Tzivos Hashem, Inc. |
| Motion No: 2008-05364 |
| Slip Opinion No: 2009 NY Slip Op 75498(U) |
| Decided on June 18, 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
M88244
E/sl
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2008-05364 Mark Goodleaf, plaintiff-respondent, v Tzivos Hashem, Inc., respondent-appellant, H & H Builders, Inc., appellant-respondent, Danna Equipment Corporation, et al., third-party defendants-respondents. (Index No. 32625/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
On the court's own motion, it is
ORDERED that its decision and order on motion dated January 16, 2009, which granted an application to withdraw an appeal in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Application by H & H Builders, Inc., to withdraw its appeal from an order of the Supreme Court, Kings County, dated April 14, 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ORDERED that the application is granted and the appeal by H & H Builders, Inc., is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court