Gitto v Commerce Drive Associates, LLC
Motion No: 2010-12045
Slip Opinion No: 2011 NY Slip Op 76915(U)
Decided on June 29, 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

M122356

L/

2010-12045

Anania Gitto, appellant-respondent,

v Commerce Drive Associates, LLC, et al.,

defendants, R. Brewer Landscaping, LLC,

defendant third-party respondent-appellant;

Dependable Lawn Care, third-party defendant.

(Index No. 3134-08)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Orange County, dated October 7, 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ORDERED that the application is granted and the appeal by the appellant-respondent is marked withdrawn.

ENTER:

Matthew G. Kiernan

Clerk of the Court