| CDx Laboratories, Inc. v Zila, Inc. |
| Motion No: 2015-06163 |
| Slip Opinion No: 2015 NY Slip Op 91404(U) |
| Decided on November 23, 2015 |
| 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
M202180
J/ct
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2015-06163 CDx Laboratories, Inc., et al., appellants, v Zila, Inc., et al., respondents. (Index No. 30655/13)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the order on application of this Court dated August 6, 2015, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated May 21, 2015, insofar as taken against Zila, Inc.
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ORDERED that the application is granted and the appeal insofar as taken against Zila, Inc., is marked withdrawn.
ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court