Baum v Smith Haven Center Associates, LLC
Motion No: 2010-10172
Slip Opinion No: 2011 NY Slip Op 67455(U)
Decided on March 21, 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

M117310

L/

2010-10172

Scott Baum, respondent-appellant, v Smith

Haven Center Associates, LLC, defendant

third-party plaintiff-respondent; E.W. Howell

Company, Inc., defendant third-party plaintiff-

appellant; Derek K. Miller Enterprises, Inc.,

third-party defendant-appellant-respondent,

Leading Edge Contracting, Inc., third-party

defendant-respondent.

(Index No. 7036/08)

ORDER ON APPLICATION
Application to Withdraw Cross Appeal

Application by the respondent-appellant Scott Baum, to withdraw a cross appeal from an order of the Supreme Court, Nassau County, dated September 17, 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ORDERED that the application is granted and the cross appeal by the respondent-appellant Scott Baum, is marked withdrawn.

ENTER:

Matthew G. Kiernan

Clerk of the Court