Matter of Venezia, deceased
Motion No: 2009-00508
Slip Opinion No: 2009 NY Slip Op 88132(U)
Decided on November 9, 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

M94154

S/sl

2009-00508

In the Matter of Paula M. Venezia, deceased.

Edward Pennington III, appellant; Pillsbury

Winthrop Shaw Pittman, LLP, respondent.

(File No. 2100/03)

ORDER ON APPLICATION

Application by the appellant to withdraw an appeal from an order of the Surrogate's Court, Kings County, dated October 9, 2008.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that so much of the decision and order on motion of this court dated October 23, 2009, entitled "In the Matter of Dismissal of Causes for Failure to Perfect - October 2009 Calendar", as dismissed the above entitled appeal is recalled and vacated; and it is further,

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court