Nicoletti v City of New York
Motion No: 2009-08646
Slip Opinion No: 2010 NY Slip Op 60475(U)
Decided on January 11, 2010
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

M97035

L/

2009-08646, 2010-00157

Antonio Nicoletti, et al., respondents,

v City of New York, defendant, Heitz

Landscape, Inc., et al., appellants.

(Index No. 15673/07)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant Heitz Landscape, Inc., on appeals from two orders of the Supreme Court, Queens County, dated July 27, 2009, and October 22, 2009, respectively, to withdraw an appeal from the order dated July 27, 2009, under Appellate Division Docket No. 2009-08646.

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and the appeal by the appellant Heitz Landscape, Inc., under appellate Division Docket No. 2009-08646, is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court