Cleary v Tomlinson
Motion No: 2009-03395
Slip Opinion No: 2010 NY Slip Op 61125(U)
Decided on January 15, 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

M97435

L/

2009-03395

Michael Cleary, et al., plaintiffs/counterclaim

defendants-appellants, v Joseph Tomlinson,

et al., defendants/counterclaim plaintiffs third-

party plaintiffs-respondents; Suleiman Sahawneh,

et al., third-party defendants-appellants.

(Action No. 1)

Stratton Oakmont, LLC, et al., appellants,

v Joseph Tomlinson, et al., respondents.

(Action No. 2)

(Index Nos. 417/07, 713/09)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated March 10, 2009.

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ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court