Riccio v NHT Owners, LLC
Motion No: 2009-06153
Slip Opinion No: 2009 NY Slip Op 92701(U)
Decided on December 30, 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

M96572

E/sl

2009-06153

Robert Riccio, appellant,

v NHT Owners, LLC, et al., respondents.

(Index No. 32163/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 10, 2009, in light of the appeal from the judgment entered November 2, 2009 (Appellate Division Docket No. 2009-11456).

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ORDERED that the application is granted and the appeal from the order dated March 10, 2009, is marked withdrawn (see Matter of Aho, 39 NY2d 241).

ENTER:

James Edward Pelzer

Clerk of the Court