Mary Foote Individually and as Parent and Guardian of Codie Addington an Infant v Melissa Semic et

Motion No: 507890

Slip Opinion No: 2009 NY Slip Op 88022(U)

Decided on November 5, 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: November 5, 2009

Case # 507890

MARY FOOTE, Individually and as Parent and Guardian of CODIE ADDINGTON, an Infant, Appellant, v MELISSA SEMIC et al., Respondents.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal for failure of prosecution.

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 to withdraw and discontinue the appeal is granted, without costs, and it is further

ORDERED the motion to dismiss is marked withdrawn.
CARDONA, P.J., MERCURE, ROSE, MALONE JR. and KAVANAGH, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court