Fusilli v Home Depot U.S.A., Inc.
Motion No: 2017-00134
Slip Opinion No: 2018 NY Slip Op 61211(U)
Decided on January 10, 2018
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

M244476

HTR/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-00134

D

Selenia Fusilli, etc., et al., respondents,

v Home Depot U.S.A., Inc., et al., defendants,

Steven Harwin, et al., appellants.

(Index No. 69190/12)

ECISION & ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant Daniel Klein 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ORDERED that the application is granted and the appeal by the appellant Daniel Klein is deemed withdrawn, without costs or disbursements.

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

ENTER:

Aprilanne Agostino

Clerk of the Court