Barnard v Michael S. Krug, Inc.
Motion No: 2016-04275
Slip Opinion No: 2016 NY Slip Op 83963(U)
Decided on August 30, 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

M217437

afa/

2016-04275

R. Kenneth Barnard, etc., et al., plaintiffs-

respondents, v Michael S. Krug, Inc.,

defendant third-party plaintiff-appellant,

Nassau Suffolk Lumber & Supply Corporation,

defendant-respondent; MCM Homes, Inc.,

third-party defendant-appellant.

(Index No. 23450/11)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the defendant third-party plaintiff-appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated February 11, 2016.

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ORDERED that the application is granted and the appeal by the defendant third-party plaintiff-appellant is marked withdrawn.

ENTER:

Aprilanne Agostino

Clerk of the Court