| DAWN DEETER V CHRISTOPHER J. WALTON AND GERALD KOSTY |
| Motion No: CA 09-02540 |
| Slip Opinion No: 2010 NY Slip Op 62057(U) |
| Decided on January 25, 2010 |
| Appellate Division, Fourth 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. |
DOCKET NO. CA 09-02540
| DAWN DEETER, PLAINTIFF-RESPONDENT, V CHRISTOPHER J. WALTON
AND GERALD KOSTY, DEFENDANTS-APPELLANTS. |
Respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Steuben on February 2, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Jacob P. Welch sworn to December 11, 2009, the notice of motion with proof of service thereof, the letter of David F. McCarthy dated January 20, 2010 withdrawing the appeal,
It is hereby ORDERED that the motion be, and the same hereby is, dismissed.
Entered: January 25, 2010
Patricia L. Morgan, Clerk