Vamvkaris v City of New York
Motion No: 2009-01781
Slip Opinion No: 2009 NY Slip Op 85260(U)
Decided on October 7, 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

M92885

L/

2009-01781

Maria L. Vamvkaris, et al., plaintiffs, v City

of New York, et al., defendants, Time Warner

Cable of NYC, defendant third-party plaintiff-

appellant, Verizon Communications, Inc.,

defendant second third-party plaintiff-respondent;

Hylan Datacom & Electrical Inc., etc., et al.,

third-party defendants-respondents; S. DiFazio

& Sons Construction, Inc., second third-party

defendant-appellant.

(Index No. 9686/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant S. DiFazio & Sons Construction, Inc., to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 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ORDERED that the application is granted and the appeal by the appellant S. DiFazio & Sons Construction, Inc., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court