Matter of Ashmore v Prus
Motion No: 2011-00258
Slip Opinion No: 2011 NY Slip Op 73724(U)
Decided on May 24, 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

M120433

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2011-00258

In the Matter of Benjamin J. Ashmore, Sr.,

petitioner, v Eric I. Prus, etc., et al., respondents.

DECISION & ORDER ON APPLICATION

Application by the petitioner to withdraw a proceeding pursuant to CPLR article 78 in the nature of mandamus to compel.

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ORDERED that the application is granted, and the proceeding is deemed withdrawn, without costs or disbursements.

RIVERA, J.P., DILLON, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court