Appellate Division: Second Judicial Department

M139191

S/nl

2011-08724, 2012-02816, 2012-032670 Charles Holiday, respondent-appellant, v Nathan Poffenberger, et al., defendants, Cornell University, respondent, MU Chapter of Sigma Pi Fraternity International, appellant- respondent. (Appeal No. 1) Charles Holiday, respondent, v Nathan Poffenberger, et al., defendants, MU Chapter of Sigma Pi Fraternity International, appellant. (Appeals No. 2 and 3) (Index No. 38046/06)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondent-appellant in Appeal No. 1, on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated August 22, 2011, and appeals from two orders of the same court dated November 28, 2011, and January 24, 2012, to withdraw the cross appeal pending under Appellate Division Docket No. 2011-08724 insofar as taken against the defendant Cornell University.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the application is granted and the cross appeal under Appellate Division Docket No. 2011-08724 insofar as taken against the defendant Cornell University is marked withdrawn.

ENTER:

Aprilanne Agostino

Clerk of the Court