| Masotto v City of New York |
| Motion No: 2013-04097 |
| Slip Opinion No: 2013 NY Slip Op 80896(U) |
| Decided on July 29, 2013 |
| 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. |
Appellate Division: Second Judicial Department
M160002
L/
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2013-04097
Thomas J. Masotto, plaintiff-respondent, v City of New York, defendant third-party plaintiff-respondent-appellant, Alisa Construction Co., Inc., et al., defendants- respondents-appellants; MRC Contracting, Inc., defendant-respondent, et al., defendant, Hylan Datacom & Electrical, Inc., third-party defendant-appellant-respondent. (Index No. 30388/05)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the defendant third-party plaintiff-respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Kings County, dated January 25, 2013.
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the application is granted and the cross appeal by the defendant third-party plaintiff-respondent-appellant is marked withdrawn.
ENTER:
Aprilanne Agostino
Clerk of the Court