| Testa v Rywalt |
| Motion No: 2010-02477 |
| Slip Opinion No: 2010 NY Slip Op 82648(U) |
| Decided on September 17, 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. |
Appellate Division: Second Judicial Department
M108511
L/
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2010-02477
Thomas Testa, appellant-respondent, v Lawrence C. Rywalt, et al., defendants third-party plaintiffs-respondents-appellants, Eric C. Ripps, et al., defendants third-party defendants-respondents-appellants; Rockville Centre Pizzeria Corporation, etc., third-party defendant-respondent. (Index No. 12376/08)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Queens County, entered February 4, 2010.
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ORDERED that the application is granted and the appeal by the appellant-respondent is marked withdrawn.
ENTER:
Matthew G. Kiernan
Clerk of the Court