| Cohen v Surizon |
| Motion No: 2010-12088 |
| Slip Opinion No: 2011 NY Slip Op 80346(U) |
| Decided on August 8, 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. |
Appellate Division: Second Judicial Department
M124207
L/
|
2010-12088
Nissim Cohen, et al., respondents, v Izhak Surizon, defendant, DL Hart Co., Inc., appellant. (Index No. 10688/10)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 3, 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 on the Court's own motion, so much of the decision and order on motion of this Court, dated July 29, 2011, entitled "In the Matter of Dismissal of Causes for Failure to Perfect - July 2011 Calendar," as dismissed the appeal from the order of the Supreme Court, Nassau County, dated November 3, 2010, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the appeal, is recalled and vacated; and it is further,
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
Matthew G. Kiernan
Clerk of the Court