Bin Gu v Palm Beach Tan, Inc.
Motion No: 2010-00302
Slip Opinion No: 2010 NY Slip Op 84931(U)
Decided on October 14, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M109478

E/ct

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2010-00302

Bin Gu, appellant v Palm Beach Tan, Inc.,

et al., appellants-respondents, Contemporary

Environmental Management, Inc., et al., respondents

(and third-party actions).

2010-00991

Bin Gu, respondent, v Palm Beach Tan, Inc.,

et al., appellants, Contemporary Environmental

Management, Inc., et al., respondents

(and third-party actions).

(Index No. 1032/07)

DECISION & ORDER ON MOTION

Motion by Bin Gu to direct Palm Beach Tan, Inc., Northeast Tan, Inc., CT Tan, Inc., to pay one-half the cost of the joint record on appeals from two orders of the Supreme Court, Queens County, entered November 24, 2009, and December 8, 2009, respectively. Application by Palm Beach Tan, Inc., Northeast Tan, Inc., CT Tan, Inc., to withdraw their appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the application is granted, and the appeals by Palm Beach Tan, Inc., Northeast Tan, Inc., CT Tan, Inc., are deemed withdrawn.

RIVERA, J.P., ANGIOLILLO, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court