Fusilli, as executrix of the estate of Fusilli v Home Depot U.S.A., Inc.

Fusilli, as executrix of the estate of Fusilli v Home Depot U.S.A., Inc.

Motion No: 2017-00134

Slip Opinion No: 2017 NY Slip Op 80291(U)

Decided on July 19, 2017

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

M234727

HTR/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-00134
D
Selenia Fusilli, as executrix of the estate of
Joseph Fusilli, et al., respondents,
v Home Depot U.S.A., Inc., et al., appellants,
et al., defendants.
(Index No. 69190/12)

ECISION & ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant Home Depot U.S.A., Inc., for leave to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 22, 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ORDERED that the application is granted and the appeal by the appellant Home Depot U.S.A., Inc., is deemed withdrawn, without costs or disbursements.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court