Pinon v 99 Lynn Ave, LLC
Motion No: 2012-07891
Slip Opinion No: 2014 NY Slip Op 64261(U)
Decided on February 20, 2014
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

M169721

L/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-07891

Miguel Pinon, et al., plaintiffs, v 99 Lynn Ave,

LLC, et al., defendants second third-party

plaintiffs-respondents, George E. Vickers Jr.

Enterprises, Inc., defendant third-party

plaintiff-respondent, et al., defendants;

Merchants Mutual Insurance Company,

third-party/second third-party defendant-

appellant-respondent; Lexington Insurance

Company, second third-party defendant-respondent-

appellant.

(Index No. 23798/08)

DECISION & ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the second third-party defendant-respondent-appellant, Lexington Insurance Company, for leave to withdraw a cross appeal from an order of the Supreme Court, Suffolk County, dated April 2, 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and the cross appeal by the second third-party defendant-respondent-appellant, Lexington Insurance Company, is deemed withdrawn, without costs or disbursements.

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

ENTER:

Aprilanne Agostino

Clerk of the Court