Kelley v Wheelabrator Westchester, L.P.
Motion No: 2015-06215
Slip Opinion No: 2016 NY Slip Op 80606(U)
Decided on July 26, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M215406

HTR/

2015-06215

Derrick Kelley, et al., respondents-appellants,

v Wheelabrator Westchester, L.P., defendant

third-party plaintiff-appellant-respondent,

Wheelabrator Environmental Systems, Inc.,

defendant-appellant-respondent, Zampell

Refractories, Inc., defendant third-party defendant/

second third-party plaintiff-respondent, Zampell

Advanced Refractory Technologies, Inc., defendant-

respondent; FW Services, Inc., doing business as

Pacesetter Personnel Services, et al., second third-

party defendants-respondents.

(Index No. 50778/12)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the defendant third-party plaintiff-appellant-respondent and defendant-appellant-respondent to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 7, 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and the appeal by the defendant third-party plaintiff-appellant-respondent and defendant-appellant-respondent is marked withdrawn.

ENTER:

Aprilanne Agostino

Clerk of the Court