Leslie M. Smith et v Kevin Dickinson Doing Business as Countryside Overhead Doors and Third-party --; Marty Smith's Garage and Car Wash et Third- party --

Leslie M. Smith et v Kevin Dickinson Doing Business as Countryside Overhead Doors and Third-party --; Marty Smith's Garage and Car Wash et Third-party --
Motion No: 508658
Slip Opinion No: 2010 NY Slip Op 72787(U)
Decided on May 21, 2010
Appellate Division, Third 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.

Decided and Entered: May 21, 2010

Case # 508658

LESLIE M. SMITH et al.,
Respondents,
v
KEVIN DICKINSON, Doing Business as COUNTRYSIDE OVERHEAD DOORS,
Defendant and Third-Party
Plaintiff-Respondent-Appellant;
MARTY SMITH'S GARAGE AND CAR WASH et al.,

Third-Party Defendants-Appellants-

Respondents.

DECISION AND ORDER
ON MOTION

Application to withdraw and discontinue appeal and cross appeal.

Upon the papers filed in support of the application, and no papers having been filed in opposition thereto, it is

ORDERED that the application is granted, without costs.
CARDONA, P.J., PETERS, MALONE JR., KAVANAGH and STEIN, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court