Kelly v K. Diamond Pharmacy, Inc., doing business
Motion No: 2014-03050
Slip Opinion No: 2014 NY Slip Op 79247(U)
Decided on July 31, 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

M177828

V/

2014-03050

Mary Kelly, respondent,

v K. Diamond Pharmacy, Inc., doing business as

Dermer Pharmacy & Surgical, defendant third-

party plaintiff-appellant; Refuah Inc., third-party

defendant-appellant.

(Index No. 28198/11)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant K. Diamond Pharmacy, Inc., doing business as Dermer Pharmacy & Surgical to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 18, 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and the appeal by the appellant K. Diamond Pharmacy, Inc., doing business as Dermer Pharmacy & Surgical is marked withdrawn.

ENTER:

Aprilanne Agostino

Clerk of the Court