Butler, Fitzgerald, Fiveson & McCarthy, PC v Sutton Stree
Motion No: 2009-07783
Slip Opinion No: 2009 NY Slip Op 86119(U)
Decided on October 19, 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

M93282

L/

2009-07783

Butler, Fitzgerald, Fiveson & McCarthy, PC,

respondent, v Sutton Street Realty Corp.,

defendant, Sylvester Smolarczyk, appellant.

(Index No. 23310/08)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings County, entered July 7, 2009.

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ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court