| Smith v Merrill Lynch & Co., Inc. |
| Motion No: 2010-07952 |
| Slip Opinion No: 2011 NY Slip Op 65474(U) |
| Decided on March 1, 2011 |
| 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
M116324
L/
|
2010-07952
Noel Smith, plaintiff-respondent, v Merrill Lynch & Co., Inc., defendant-appellant, Fitzgerald & Fitzgerald, P.C., defendant third-party plaintiff-appellant, et al., defendant third-party plaintiff; Locator Services Group, Ltd., et al., third-party defendants-respondents, et al., third-party defendant. (Index No. 9299/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the defendant third-party plaintiff-appellant Fitzgerald & Fitzgerald, P.C., to withdraw an appeal from an order of the Supreme Court, Nassau County, dated July 16, 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is granted and the appeal by the defendant third-party plaintiff-appellant Fitzgerald & Fitzgerald, P.C., is marked withdrawn.
ENTER:
Matthew G. Kiernan
Clerk of the Court