U.W. Marx Construction Company v Board of Education o

U.W. Marx Construction Company v Board of Education o

Motion No: 2012-05229

Slip Opinion No: 2012 NY Slip Op 80641(U)

Decided on August 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

M141706

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2012-05229
U.W. Marx Construction Company, respondent,
v Board of Education of City School District
of Peekskill, et al., defendants third-party
plaintiffs-appellants, Andron Construction
Corp., et al., third-party defendants.
(Index No. 09-00421)

DECISION & ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the defendants third-party plaintiffs-appellants for leave to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 6, 2012.

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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

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

ENTER:

Aprilanne Agostino

Clerk of the Court