Fernandez v Abalene Oil Co., Inc.
Motion No: 2010-09870
Slip Opinion No: 2011 NY Slip Op 72749(U)
Decided on May 12, 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

M120054

L/

2010-09870

Thomas Fernandez, et al., respondents-

appellants, v Abalene Oil Co., Inc., et al.,

defendants third-party plaintiffs-appellants-

respondents; I.M.C. Antenna & Tower,

Inc., third-party defendant-appellant-

respondent, Island Mobile Communications,

Inc., third-party defendant-respondent

(and a fourth-party action).

(Index No. 16397/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the third-party defendant-appellant-respondent, I.M.C. Antenna & Tower, Inc., to withdraw its appeal from an order of the Supreme Court, Kings County, dated August 23, 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is granted and the appeal by the third-party defendant-appellant-respondent, I.M.C. Antenna & Tower, Inc., is marked withdrawn.

ENTER:

Matthew G. Kiernan

Clerk of the Court