Neuman v IBM
Motion No: 2010-07623
Slip Opinion No: 2011 NY Slip Op 66988(U)
Decided on March 16, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M117112

L/

2010-07623

Michael Neuman, et al., respondents,

v IBM, et al., defendants third-party

plaintiffs-appellants; Perreca Electric Co.,

Inc., third-party defendant, Malcon, Inc.

et al., fourth-party defendants, Peck Electric,

Inc., fourth-party defendant-appellant.

(Index No. 1841/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the defendants third-party plaintiffs-appellants IBM and Whiting-Turner Contracting Co., to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated June 30, 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and the appeal by the defendants third-party plaintiffs-appellants IBM and Whiting-Turner Contracting Co., is marked withdrawn.

ENTER:

Matthew G. Kiernan

Clerk of the Court