Team Marketing Usa Corporation v Energy Brands Inc. and Spark Agency Inc..

Motion No: 510610

Slip Opinion No: 2010 NY Slip Op 87096(U)

Decided on November 4, 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: November 4, 2010

Case # 510610

TEAM MARKETING USA CORPORATION, Respondent, v ENERGY BRANDS, INC., Respondent, and SPARK AGENCY, INC., Appellant.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal for failure of prosecution.

Application to withdraw and discontinue 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, and it is further

ORDERED that the motion to dismiss is marked withdrawn.
CARDONA, P.J., MERCURE, ROSE, KAVANAGH and McCARTHY, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court