Morcilio v V. Albanese Pest Control, Inc.
Motion No: 2011-05608
Slip Opinion No: 2012 NY Slip Op 71803(U)
Decided on May 1, 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

M137063

S/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2011-05608, 2011-09403, 2011-10096

Georgina Morcilio, respondent, v V. Albanese

Pest Control, Inc., et al., appellants-respondents,

Luis A. Lazo, respondent-appellant.

(Index No. 13356/08)

DECISION & ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the respondent-appellant on appeals from two orders of the Supreme Court, Kings County, dated May 2, 2011, and September 15, 2011, and an appeal and cross appeal from an order of the same court dated August 8, 2011, to withdraw the cross appeal.

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ORDERED that the application is granted and the cross appeal under Appellate Division Docket No. 2011-09403 is deemed withdrawn, without costs or disbursements.

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court