Gratto v Lehr Construction Corp.
Motion No: 2010-06879
Slip Opinion No: 2010 NY Slip Op 91533(U)
Decided on December 22, 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

M113140

L/

2010-06879

Gerald Gratto, et al., plaintiffs-appellants,

v Lehr Construction Corp., et al., defendants-

respondents, FCR Construction, et al.,

defendants third-party plaintiffs-appellants,

Donaldson Acoustics Co., Inc., defendant

fourth-party plaintiff-respondent, Component

Assembly Systems, Inc., defendant-appellant;

Zwicker Electric Company, Inc., third-party

defendant-appellant; Par Wall Finishing, Inc.,

fourth-party defendant-appellant.

(Index No. 11592/05)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the third-party defendant-appellant Zwicker Electric Company, Inc., to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 2, 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application is granted and the appeal by the third-party defendant-appellant Zwicker Electric Company, Inc., is marked withdrawn.

ENTER:

Matthew G. Kiernan

Clerk of the Court