Matter of Smathers, deceased
Motion No: 2009-09045
Slip Opinion No: 2010 NY Slip Op 60992(U)
Decided on January 14, 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

M97271

L/

2009-09045, 2009-09046

In the Matter of Elmer Ellsworth Smathers,

deceased.

JP Morgan Chase Bank, N.A., respondent;

Broadway 26 Waterview, LLC, appellant.

(File No. 28-00177)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw appeals from a decision of the Surrogate's Court, Westchester County, dated August 10, 2009, and a decree of the same court dated August 26, 2009, respectively.

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ORDERED that the application is granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court