Thomas E. Carpenter as Administrator of the Estate of Brian T. Carpenter Deceased v County of Essex. __________________________________ David Malbon et Individually and as Parents and Guardians of David Malbon Ii - v County of Essex - and Thomas E. Carpenter Individually and as Administrator of the Estate of Brian T. Carpenter Deceased (And a Third-party Action.) (Action No. 2



Thomas E. Carpenter as Administrator of the Estate of Brian T. Carpenter Deceased v County of Essex. __________________________________ David Malbon et Individually and as Parents and Guardians of David Malbon Ii - v County of Essex - and Thomas E. Carpenter Individually and as Administrator of the Estate of Brian T. Carpenter Deceased (And a Third-party Action.) (Action No. 2
Motion No: 508367
Slip Opinion No: 2010 NY Slip Op 72851(U)
Decided on May 27, 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 27, 2010

Case # 508367


THOMAS E. CARPENTER, as Administrator of the Estate of BRIAN T. CARPENTER, Deceased,

Respondent,

v
COUNTY OF ESSEX,

Appellant.
(Action No. 1.)
__________________________________
DAVID MALBON et al., Individually and as Parents and Guardians of DAVID MALBON II,

Appellants- Respondents,

v
COUNTY OF ESSEX,

Respondent-Appellant,

and
THOMAS E. CARPENTER, Individually and as Administrator of the Estate of BRIAN T. CARPENTER, Deceased,

Respondent.
(And a Third-Party Action.)
(Action No. 2.)
DECISION AND ORDER
ON MOTION

Application to withdraw and discontinue appeal of David Malbon and Maria Malbon.

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., MERCURE, ROSE, LAHTINEN and MALONE JR., JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court