Montalvo v CVS Pharmacy, Inc.
Motion No: 2016-00223
Slip Opinion No: 2017 NY Slip Op 94265(U)
Decided on December 5, 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

M242498

HTR/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-00223

D

Edward Montalvo, et al., plaintiffs-respondents,

v CVS Pharmacy, Inc., defendant-respondent,

JA-TO Building Contractors, Inc., doing business

as JATO Building Contractors, appellant, et al.,

defendant (and third-party actions).

(Index No. 7234/05)

ECISION & ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 20, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

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

ENTER:

Aprilanne Agostino

Clerk of the Court