Joseph Tuana v Paul T. Heuston
Motion No: 2009-00239 pc
Slip Opinion No: 2012 NY Slip Op 62106(U)
Decided on January 19, 2012
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

DENISE F. MOLIA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON APPLICATION

2009-239 P C
Joseph Tuana, Respondent, v Paul T. Heuston, Appellant.

Application by respondent to withdraw an appeal from an order and final judgment of the Justice Court of the Town of Philipstown, Putnam County, entered November 25, 2008 and January 7, 2009, respectively.

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ORDERED that the application is granted and the appeal is marked withdrawn, in light of respondent's showing that it purchased appellant's appellate rights from appellant's bankruptcy estate.

ENTER:

Paul Kenny

Chief Clerk