Clogher v New York Medical College
Motion No: 2012-05362
Slip Opinion No: 2012 NY Slip Op 92074(U)
Decided on November 30, 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

M147277

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-05362

Paula Clogher, appellant, v New York

Medical College, et al., respondents.

(Index No. 10-20961)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order on application of this Court dated November 21, 2012, in the above-entitled appeal is recalled and vacated and the following order on application is substituted therefor:

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 5, 2012, insofar as taken against the defendant David Markenson.

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ORDERED that the application is granted and the appeal insofar as taken against the defendant David Markenson is marked withdrawn.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court