| In the Matter of Beatrice Berle v Abdon James Buckley Jr. |
| Motion No: 508050 |
| Slip Opinion No: 2009 NY Slip Op 90222(U) |
| Decided on November 30, 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 30, 2009
Case # 508050
In the Matter of BEATRICE BERLE, Respondent, v Appellant. |
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 is granted, without costs, and it is further
ORDERED that 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withdrawn.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