| Gergel v CVS Pharmacy, Inc. |
| Motion No: 2017-08506 |
| Slip Opinion No: 2018 NY Slip Op 68441(U) |
| Decided on March 30, 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. |
Appellate Division: Second Judicial Department
M248295
E/rr
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2017-08506 Galina Gergel, respondent, v CVS Pharmacy, Inc., defendant third-party plaintiff; 100 Queens Blvd. Co., LLC, third-party defendant-appellant. (Index No. 2001/14)
| DECISION & ORDER ON MOTION Application to Withdraw Appeal |
On the Court's own motion, it is
ORDERED that the order on application of this Court dated March 21, 2018, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:
Application by the third-party defendant-appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 14, 2017.
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ORDERED that the application is granted and the appeal is marked withdrawn.
SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court