| Mantovani v Whiting-Turner Contracting Company |
| Motion No: 2008-11258 |
| Slip Opinion No: 2009 NY Slip Op 83349(U) |
| Decided on September 17, 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
M92093
L/
|
2008-11258
John P. Mantovani, plaintiff-respondent, v Whiting-Turner Contracting Company, defendant second third-party plaintiff-respondent, Herbert G. Martin, Inc., defendant third-party plaintiff/ fourth-party plaintiff-appellant, et al., defendants; Carmody Contracting, Inc., second third-party defendant-appellant. (Index No. 05-19274)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the second third-party defendant-appellant Carmody Contracting, Inc., to withdraw an appeal from an order of the Supreme Court, Westchester County, entered November 13, 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is granted and the appeal by the second third-party defendant-appellant Carmody Contracting, Inc., is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court