Lundy v Austein
Motion No: 2017-13023
Slip Opinion No: 2018 NY Slip Op 69932(U)
Decided on April 17, 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

M248891

HTR/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-13023

D

John Lundy, respondent-appellant,

v Lance Austein, et al., appellants-

respondents, Servpro of Bullitt &

North Nelson Counties, respondent.

(Index No. 150985/14)

ECISION & ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the respondent-appellant on an appeal and a cross appeal, from an order of the Supreme Court, Richmond County, dated November 30, 2017, for leave to withdraw the cross appeal insofar as taken against Servpro of Bullitt & North Nelson Counties.

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is granted and the cross appeal insofar as taken against Servpro of Bullitt & North Nelson Counties, is deemed withdrawn.

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

ENTER:

Aprilanne Agostino

Clerk of the Court