| 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. |
Appellate Division: Second Judicial Department
M97271
L/
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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ORDERED that the application is granted and the appeals are marked withdrawn.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