Thurber Lumber Company, Inc. v Marcario, Sr.
Motion No: 2011-01267
Slip Opinion No: 2011 NY Slip Op 90474(U)
Decided on November 22, 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

M129207

L/

2011-01267

Thurber Lumber Company, Inc., plaintiff-

respondent, v Joseph P. Marcario, Sr.,

defendant-respondent, Don Nenninger,

appellant.

(Index No. 28064/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, entered November 16, 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ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

Matthew G. Kiernan

Clerk of the Court