POINTES OF FAITH DANCERS, INC., /- V THE BOARD OF ASSESSMENT REVIEW AND THE TOWN OF LYONS, /-.
Motion No: CA 09-02245
Slip Opinion No: 2009 NY Slip Op 90803(U)
Decided on December 8, 2009
Appellate Division, Fourth 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.


December 8, 2009

PRESENT: SCUDDER, P.J., HURLBUTT, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 09-02245

POINTES OF FAITH DANCERS, INC.,

PLAINTIFF/PETITIONER-RESPONDENT,

V

THE BOARD OF ASSESSMENT REVIEW AND THE

TOWN OF LYONS, DEFENDANTS/RESPONDENTS-APPELLANTS.


Appellants having moved to withdraw the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Wayne on July 2, 2009,

Now, upon reading and filing the affirmation of Anthony J. Villani dated October 29, 2009, the notice of motion with proof of service thereof, the affirmation of Matthew A. Ryen dated November 25, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without prejudice.

Entered: December 8, 2009

Patricia L. Morgan, Clerk