Samaroo v Patmos Fifth Real Estate, Inc.
Motion No: 2011-08158
Slip Opinion No: 2012 NY Slip Op 63401(U)
Decided on February 6, 2012
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

M132844

L/

2011-08158

Joseph Samaroo, et al., plaintiffs-respondents,

v Patmos Fifth Real Estate, Inc., defendant third-

party plaintiff-respondent-appellant, A.T.A.

Construction Corp., defendant-appellant-respondent,

Mazl Building, LLC, defendant-respondent-appellant,

et al., defendant; Rotavele Elevator, Inc.,

third-party defendant-appellant-respondent.

(Index No. 37170/06)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the defendant third-party plaintiff-respondent-appellant Patmos Fifth Real Estate, Inc., to withdraw a cross appeal from an order of the Supreme Court, Kings County, dated June 30, 2011.

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the cross appeal by the defendant third-party plaintiff-respondent-appellant Patmos Fifth Real Estate, Inc., is marked withdrawn.

ENTER:

Aprilanne Agostino

Clerk of the Court