| Pita v Roosevelt Union Free School District |
| Motion No: 2015-10526 |
| Slip Opinion No: 2016 NY Slip Op 62866(U) |
| Decided on February 1, 2016 |
| 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
M205759
HTR/
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2015-10526 D Joseph L. Pita, plaintiff-respondent-appellant, v Roosevelt Union Free School District, et al., appellants-respondents, Fortunato Sons Contracting, Inc., defendant-respondent- appellant, et al., defendants. (Index No. 3595/13)
| ECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the defendant-respondent-appellant for leave to withdraw a cross appeal from an order of the Supreme Court, Nassau County, dated September 3, 2015.
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ORDERED that the application is granted and the cross appeal by the defendant-respondent-appellant is deemed withdrawn, without costs or disbursements.
ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court