| DAY WHOLESALE, INC. AND SCOTT B. MAYBEE V THE STATE OF NEW YORK, ANDREW M. CUOMO AS ATTORNEY GENERAL OF THE STATE OF |
| Motion No: CA 09-02249 |
| Slip Opinion No: 2010 NY Slip Op 76997(U) |
| Decided on July 12, 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. |
PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 09-02249
| DAY WHOLESALE, INC. AND SCOTT B. MAYBEE,
PLAINTIFFS-RESPONDENTS, V THE STATE OF NEW YORK, ANDREW M. CUOMO AS ATTORNEY GENERAL OF THE STATE OF NEW YORK,
ROBERT L. MEGNA, AS COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, ELIOT SPITZER, AS FORMER ATTORNEY
GENERAL OF THE STATE OF NEW YORK, AND DAVID WEINSTEIN, AS FORMER ASSISTANT ATTORNEY GENERAL,
DEFENDANTS-APPELLANTS. |
Appellants having moved to withdraw the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie, on January 27, 2009 without prejudice,
Now, upon reading and filing the affirmation of Robert M. Goldfarb, Esq. dated June 18, 2010, the notice of motion with proof of service thereof, the affirmation of Margaret A. Murphy, Esq. dated July 1, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without prejudice.
Entered: July 12, 2010
Patricia L. Morgan, Clerk