Cedano v New York Racing Association, Inc.
Motion No: 2017-05902
Slip Opinion No: 2017 NY Slip Op 83079(U)
Decided on August 17, 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

M236346

J/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-05902

Miguel Cedano, appellant-respondent,

v New York Racing Association, Inc., defendant

third-party plaintiff-respondent-appellant;

Triple Star Horse Feed, Inc., third-party

defendant-respondent.

(Index No. 706130/14)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order on application of this Court dated August 11. 2017, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:

Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Queens County, dated October 26, 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ORDERED that the application is granted and the cross appeal is marked withdrawn.

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

ENTER:

Aprilanne Agostino

Clerk of the Court