Payne v City of New Rochelle
Motion No: 2010-08066
Slip Opinion No: 2011 NY Slip Op 68222(U)
Decided on March 28, 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

M117642

L/

2010-08066

Ronald Payne, respondent-appellant,

v City of New Rochelle, et al., appellants-

respondents, Morris Park Contracting

Corporation, respondent.

(Index No. 04-17536)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant-respondent City of New Rochelle, to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 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ORDERED that the application is granted and the appeal by the appellant-respondent City of New Rochelle, is marked withdrawn.

ENTER:

Matthew G. Kiernan

Clerk of the Court